A person cannot be tried, sentenced, or punished for any public offense while he is mentally incompetent to proceed.
S.D. Codified Laws § 23A-10A-2
Incompetent person cannot be tried, sentenced or punished
Applied in 3 court decisions — leading case State v. New (1995)
Most recently applied in State v. Foshay (February 2024)
Source: CCrimP 1877, § 514; CL 1887, § 7564; RCCrimP 1903, § 543; RC 1919, § 4793; SDC 1939 & Supp 1960, § 34.2001; SDCL, § 23-38-1; SL 1978, ch 175, § 1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.