South Dakota § 23A-32-5 Appeal by prosecution--Suppression order--Dismissal of complaint--Procedure--Double jeopardy.

South Dakota Statutes

§ 23A-32-5 — Appeal by prosecution--Suppression order--Dismissal of complaint--Procedure--Double jeopardy.

South Dakota § 23A-32-5

Title 23ACRIMINAL PROCEDURE

Ch. 23A-31APPEALS TO SUPREME COURT

This text of South Dakota § 23A-32-5 (Appeal by prosecution--Suppression order--Dismissal of complaint--Procedure--Double jeopardy.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 23A-32-5 (2026).

Text

An appeal by a prosecuting attorney may be taken to the Supreme Court from:

(1)An order of a circuit court or a magistrate suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding;

(2)An order of a circuit court or a magistrate sustaining a motion to dismiss a complaint on statutory grounds or otherwise. An appeal under this section may not be taken after a defendant has been put in risk of double jeopardy and is not a matter of right but of sound judicial discretion. Appeals from such orders shall be taken in the same manner as intermediate appeals in subdivision § 15-26A-3 (6). No appeal taken under this section shall delay any trial unless a stay be granted in the discretion of the Supreme Court.

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An appeal by a prosecuting attorney may be taken to the Supreme Court from: (1) An order of a circuit court or a magistrate suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding; (2) An order of a circuit court or a magistrate sustaining a motion to dismiss a complaint on statutory grounds or otherwise. An appeal under this section may not be taken after a defendant has been put in risk of double jeopardy and is not a matter of right but of sound judicial discretion. Appeals from such orders shall be taken in the same manner as intermediate appeals in subdivision § 15-26A-3 (6). No appeal taken under this section shall delay any trial unless a stay be granted in the discretion of the Supreme Court.