S.D. Codified Laws § 23A-27-51

Procedure for delayed appeal where applicant unconstitutionally denied right of appeal

Applied in 4 court decisions — leading case State v. Wilson (2020)

Most recently applied in State v. Wilson (July 2020)

Source: SL 2010, ch 131, § 1.

How often courts cite this section

citing decisions per year

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.

If the court finds that an applicant was denied the right to an appeal from an original conviction in violation of the Constitution of the United States or the Constitution of South Dakota, the court shall issue a new judgment and impose the same sentence if such relief is requested within a reasonable time and an adequate record of the original trial proceeding is available for review. The court shall advise the applicant of the following:

(1) The rights associated with an appeal from a criminal conviction; and

(2) The time for filing a notice of appeal from the reimposed judgment and sentence.

Nothing in this section limits an applicant's right to habeas corpus.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.