Home/South Dakota/Statutes/Title 23A: CRIMINAL PROCEDURE/Ch. 23A-46: MENTAL EXAMINATIONS AND HEARINGS/§ 23A-46-6
South Dakota Statutes

§ 23A-46-6 — Habeas corpus proceeding not precluded.

South Dakota § 23A-46-6
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-46MENTAL EXAMINATIONS AND HEARINGS

This text of South Dakota § 23A-46-6 (Habeas corpus proceeding not precluded.) 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-46-6 (2026).

Text

Nothing contained in § 23A-26-12 or 23A-46-10 precludes a person who is committed under either of such sections from establishing by writ of habeas corpus the illegality of his detention.

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Related

State v. Baker
440 N.W.2d 284 (South Dakota Supreme Court, 1989)
56 case citations
State v. Robinson
399 N.W.2d 324 (South Dakota Supreme Court, 1987)
29 case citations
Bohlmann v. Lindquist
1997 SD 42 (South Dakota Supreme Court, 1997)
7 case citations

Legislative History

SL 1985, ch 192, § 35.

Nearby Sections

15
§ 23A-1-1
(Rule 1) Proceedings governed by title.
§ 23A-1-2
(Rule 2) Purposes of title--Construction.
§ 23A-10-2
Form of plea raising defense.
§ 23A-10-3
(Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.
§ 23A-10-4
(Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged.
§ 23A-10-5
(Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.
§ 23A-10-6
Mistrial when defense raised without pleading--Subsequent trial.
§ 23A-10-7
Independent psychiatric examination--Court approval--Notice--Cost.
§ 23A-10A-1
Definition of mental incompetency.
§ 23A-10A-10
Expense of maintenance of defendant committed.
§ 23A-10A-13
Approved facility defined.
§ 23A-10A-13.1
Restoration to competency program defined.
§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.
§ 23A-10A-15
Length of detention for Class A, B, or C felony.
§ 23A-10A-16
Time in approved facility credited to term of imprisonment.
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Bluebook (online)
South Dakota § 23A-46-6, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-46-6.