South Dakota statute
SDCL § 23A-27-51 — Procedure for delayed appeal where applicant unconstitutionally denied right of appeal
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 27: Sentence And Judgment, South Dakota Codified Laws.
Full text of SDCL § 23A-27-51
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
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 sources
This reference is informational and is not legal advice.