South Dakota § 33-10-195 Appeal by the state.

South Dakota Statutes

§ 33-10-195 — Appeal by the state.

South Dakota·Title 33 MILITARY AFFAIRS·Ch. 33-7 UNIFORM STATE CODE OF MILITARY JUSTICE

In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial, or by a judge in a bench trial so long as it is not made in reconsideration:

(1)An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification;

(2)An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding;

(3)An order or ruling which directs the disclosure of classified information;

(4)An order or ruling which imposes sanctions for nondisclosure of classified information;

(5)A refusal of the military judge to issue a protective order sought by the

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In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial, or by a judge in a bench trial so long as it is not made in reconsideration: (1) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification; (2) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding; (3) An order or ruling which directs the disclosure of classified information; (4) An order or ruling which imposes sanctions for nondisclosure of classified information; (5) A refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information; or (6) A refusal by the military judge to enforce an order described in subdivision (5) that has previously been issued by appropriate authority.

South Dakota § 33-10-195 (Appeal by the state.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.