The issue of the constitutionality of any statute under which the defendant has been convicted may be raised on appeal regardless of whether it was first raised in any lower court.
S.D. Codified Laws § 23A-32-13
Constitutional issue first raised on appeal
Applied in 1 court decision — leading case City of Rapid City v. Schaub (2020)
Most recently applied in City of Rapid City v. Schaub (September 2020)
Source: SL 1971, ch 160; SDCL Supp, § 23-51-7.1; SL 1978, ch 178, § 391.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.