If the defendant, state, or court asserts that a defendant is mentally incompetent to proceed, the state has the burden of proving the mental competence of the defendant by a preponderance of the evidence.
S.D. Codified Laws § 23A-10A-6.1
Burden and standard of proof
Applied in 3 court decisions — leading case State v. Jones (1987)
Most recently applied in State v. Foshay (February 2024)
Source: SL 1984, ch 178; SL 1988, ch 190.
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.