Section 23A-27A-6 – Designation by judge in nonjury cases–At least one aggravating circumstance required for death penalty imposition.
23A-27A-6. Designation by judge in nonjury cases–At least one aggravating circumstance required for death penalty imposition. In nonjury cases the judge shall, after conducting the presentence hearing as provided in §23A-27A-2, designate, in writing, the aggravating circumstance or circumstances, if any, which he found beyond a reasonable doubt. Unless at least one of the statutory […]
Section 23A-27A-7 – Sentence of death–Copies of judgment provided to officials.
23A-27A-7. Sentence of death–Copies of judgment provided to officials. Upon a verdict or judgment of death made by a jury or a judge, the judge presiding at the trial shall sentence the convicted person to death and make the sentence in writing. The judgment of death shall be filed with the papers in the case […]
Section 23A-27A-8 – Accumulation of prior capital felony records by Supreme Court–Staff and methods.
23A-27A-8. Accumulation of prior capital felony records by Supreme Court–Staff and methods. The Supreme Court shall accumulate the records of all capital felony cases that the court deems appropriate. The court may employ an appropriate staff and such methods to compile the data as are deemed by the Chief Justice to be appropriate and relevant […]
Section 23A-27A-9 – Review by Supreme Court required when death penalty imposed–Procedure.
23A-27A-9. Review by Supreme Court required when death penalty imposed–Procedure. If the death penalty is imposed, and if the judgment becomes final in the trial court, the sentence shall be reviewed on the record by the South Dakota Supreme Court. The clerk of the trial court, within ten days after receiving the transcript, shall transmit […]
Section 23A-27A-10 – Sentence review consolidated with direct appeal–Decision.
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 […]
Section 23A-27A-11 – Procedure on appeal from capital punishment case–Briefs–Oral argument.
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 […]
Section 23A-27A-12 – Factors reviewed by Supreme Court regarding sentence.
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; […]
Section 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.
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 […]
Section 23A-27A-15 – Warrant of death sentence and execution–Time of execution.
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 […]
Section 23A-27A-1 – Mitigating and aggravating circumstances considered by judge or jury.
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 […]