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Home » US Law » 2022 South Dakota Codified Laws » Title 23A - Criminal Procedure » Chapter 27A - Capital Punishment » Section 23A-27A-22.5 – Counsel for defendant–Rights afforded at hearing.

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, and to confront and cross-examine witnesses who appear at the hearing.

Source: SL 2008, ch 117, §14.