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

South Dakota Statutes

§ 33-10-195 — Appeal by the state.

South Dakota § 33-10-195

Title 33MILITARY AFFAIRS

Ch. 33-7UNIFORM STATE CODE OF MILITARY JUSTICE

This text of South Dakota § 33-10-195 (Appeal by the state.) 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 § 33-10-195 (2026).

Text

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.