23A-27A-1. Mitigating and aggravating circumstances considered by judge or jury. Pursuant to §§23A-27A-2 to 23A-27A-6, inclusive, in all cases for which the death penalty may be authorized, the judge shall consider, or shall include in instructions to the jury for it to consider, any mitigating circumstances and any of the following aggravating circumstances which may […]
23A-27A-10. Sentence review consolidated with direct appeal–Decision. The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration. The court shall render its decision on legal errors enumerated, the factual substantiation of the verdict, and the validity of the sentence. Source: SL 1979, ch […]
23A-27A-11. Procedure on appeal from capital punishment case–Briefs–Oral argument. Except as provided in this chapter, the procedure on appeal from a decision in which capital punishment has been imposed shall be the same as is prescribed by law or Supreme Court rule in other criminal cases. Both the defendant and the state shall have the […]
23A-27A-12. Factors reviewed by Supreme Court regarding sentence. With regard to the sentence, the Supreme Court shall determine: (1)Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2)Whether the evidence supports the jury’s or judge’s finding of a statutory aggravating circumstance as enumerated in §23A-27A-1; […]
23A-27A-13. Reference to similar cases to be included in decision–Death sentence affirmed or set aside–Similar-case records provided to resentencing judge. The court shall include in its decision a reference to those similar cases which it took into consideration. In addition to its authority regarding correction of errors, the court, with regard to review of death […]
23A-27A-15. Warrant of death sentence and execution–Time of execution. Whenever judgment of death is rendered, the judge shall also sign and provide to the Governor, the secretary of corrections, the sheriff of the county where the crime was committed, and the warden a warrant of death sentence and execution, along with a brief statement of […]
23A-27A-16. Delivery of defendant with warrant to penitentiary. Within ten days after the issuing of a warrant of death sentence and execution under §23A-27A-15, the sheriff shall deliver the defendant together with certified copies of the warrant of death sentence and execution and the judgment of conviction to the penitentiary. Source: SL 1939, ch 135, […]
23A-27A-17. Date and time of execution–Warden to make public announcement. The week so appointed shall be not less than six months nor more than eight months after the date of judgment of death. The time of execution within the week shall be left to the discretion of the warden to whom the warrant is directed. […]
23A-27A-19. Investigation by Governor. The Governor may make such investigation of the case as the Governor may deem proper and may require the assistance of the attorney general. Source: SL 1939, ch 135, §4; SDC Supp 1960, §34.27A04; SDCL §23-49-5; SL 1979, ch 160, §21; SL 2008, ch 117, §6.
23A-27A-2. Presentence hearing required–Relevant evidence. In all cases in which the death penalty may be imposed and which are tried by a jury, upon a return of a verdict of guilty by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. Such hearing shall be conducted to hear […]
23A-27A-20. Reprieve or suspension of sentence by Governor during investigation. The Governor may reprieve or suspend the execution of the sentence for such reasonable time as the Governor may see fit for the purpose of completing an investigation or other like proper purpose but the period of reprieve or suspension shall not in any event, […]
23A-27A-21. Power to reprieve or suspend sentence limited to Governor–Exception. No judge, officer, commission, or board, other than the Governor, may reprieve or suspend the execution of a judgment of death. However, the warden or deputy warden of the penitentiary is authorized so to do in a case and in the manner prescribed in this […]
23A-27A-22. Mental incompetence of defendant–Notice to Governor, secretary of corrections, and sentencing court. If a defendant confined under sentence of death does not appear to be mentally competent to be executed, the warden having custody of the defendant shall notify the Governor, the secretary of corrections, and the sentencing court. Source: SL 1939, ch 135, […]
23A-27A-22.1. Hearings and examinations regarding mental competence of defendant–Change in circumstances. If the warden notifies the sentencing court that a defendant under a sentence of death does not appear to be mentally competent to be executed, or if the prosecuting attorney or the defense attorney moves for a determination of whether the defendant is mentally […]
23A-27A-22.2. Psychiatric examination. Any psychiatric examination ordered pursuant to §23A-27A-22.1 shall be conducted by a licensed or certified psychiatrist, or, if the court finds it appropriate, by more than one such psychiatrist. Each psychiatrist shall be designated by the court. For the purposes of a psychiatric examination ordered pursuant to §23A-27A-22.1, the defendant shall remain […]
23A-27A-22.3. Psychiatric report. Any psychiatric report ordered pursuant to §23A-27A-22.1 shall be prepared by the psychiatrist designated to conduct the psychiatric examination, shall be filed with the court with copies provided to the counsel for the defendant and to the prosecuting attorney, and shall include: (1)The defendant’s history and present symptoms; (2)A description of the […]
23A-27A-22.4. Video tape record of psychiatric examination. Upon written request of defense counsel, the court may order a video tape record made of the defendant’s psychiatric examination conducted pursuant to §23A-27A-22.1. Either the prosecuting attorney or the defendant’s counsel may request a copy of the video tape record. The video tape record shall be submitted […]
23A-27A-22.5. Counsel for defendant–Rights afforded at hearing. At any hearing ordered pursuant to §23A-27A-22.1, the defendant shall be represented by counsel and, if financially unable to obtain adequate representation, counsel shall be appointed for the defendant. The defendant shall be afforded an opportunity to testify, to present evidence, to subpoena witnesses on the defendant’s behalf, […]
23A-27A-26.1. Death penalty not to be imposed on intellectually disabled person. Notwithstanding any other provision of law, the death penalty may not be imposed upon any person who was intellectually disabled at the time of the commission of the offense and whose intellectual disability was manifested and documented before the age of eighteen years. Source: […]
23A-27A-26.2. Intellectual disability defined. As used in §§23A-27A-26.1 to 23A-27A-26.7, inclusive, intellectual disability means significant subaverage general intellectual functioning existing concurrently with substantial related deficits in applicable adaptive skill areas. An intelligence quotient exceeding seventy on a reliable standardized measure of intelligence is presumptive evidence that the defendant does not have significant subaverage general intellectual […]
