South Dakota statute
SDCL § 23A-32-5 — Appeal by prosecution--Suppression order--Dismissal of complaint--Procedure--Double jeopardy
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 32: Appeals To Supreme Court, South Dakota Codified Laws.
Full text of SDCL § 23A-32-5
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.
An appeal by a prosecuting attorney may be taken to the Supreme Court from:
(1) An order of a circuit court or a magistrate suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding;
(2) An order of a circuit court or a magistrate sustaining a motion to dismiss a complaint on statutory grounds or otherwise.
An appeal under this section may not be taken after a defendant has been put in risk of double jeopardy and is not a matter of right but of sound judicial discretion. Appeals from such orders shall be taken in the same manner as intermediate appeals in subdivision § 15-26A-3(6). No appeal taken under this section shall delay any trial unless a stay be granted in the discretion of the Supreme Court.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.