South Dakota Statutes
§ 23A-8-3 — (Rule 12(b)) Defenses and objections raised by motion--Issues that must be raised before trial.
Any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion. Motions may be written or oral at the discretion of the judge. The following must be raised prior to trial:
(1)Defenses and objections based on defects in the institution of the prosecution;
(2)Defenses and objections based upon prior conviction or acquittal;
(3)Defenses and objections based on defects in the indictment or information (other than that it fails to show jurisdiction in the court or to charge an offense which objections shall be noticed by the court at any time during the pendency of the proceedings);
(4)Motions to suppress evidence;
(5)Requests for discovery under chapter 23A-13 ; or (6) Requests for a severa
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South Dakota § 23A-8-3 ((Rule 12(b)) Defenses and objections raised by motion--Issues that must be raised before trial.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
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422 N.W.2d 840 (South Dakota Supreme Court, 1988)
State v. Dixon
419 N.W.2d 699 (South Dakota Supreme Court, 1988)
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353 N.W.2d 43 (South Dakota Supreme Court, 1984)
State v. Anderson
1996 SD 46 (South Dakota Supreme Court, 1996)
State v. Volk
331 N.W.2d 67 (South Dakota Supreme Court, 1983)
State v. Maves
358 N.W.2d 805 (South Dakota Supreme Court, 1984)
State v. Wiegers
373 N.W.2d 1 (South Dakota Supreme Court, 1985)
State v. Fowler
1996 SD 79 (South Dakota Supreme Court, 1996)
State v. Medicine Eagle
2013 SD 60 (South Dakota Supreme Court, 2013)
State v. Holiday
335 N.W.2d 332 (South Dakota Supreme Court, 1983)
State v. Lachowitzer
314 N.W.2d 307 (South Dakota Supreme Court, 1982)
State v. Haase
446 N.W.2d 62 (South Dakota Supreme Court, 1989)
Cordell v. Weber
2003 SD 143 (South Dakota Supreme Court, 2003)
Scott v. Class
532 N.W.2d 399 (South Dakota Supreme Court, 1995)
State v. Johnson
509 N.W.2d 681 (South Dakota Supreme Court, 1994)
State v. Likness
386 N.W.2d 42 (South Dakota Supreme Court, 1986)
State v. Outka
2014 SD 11 (South Dakota Supreme Court, 2014)
State v. Boutchee
406 N.W.2d 708 (South Dakota Supreme Court, 1987)
State v. Neitge
2000 SD 37 (South Dakota Supreme Court, 2000)
State v. Schrempp
2016 SD 79 (South Dakota Supreme Court, 2016)
Legislative History
SL 1978, ch 178, § 108.
Nearby Sections
15
§ 23A-10-2
Form of plea raising defense.§ 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.