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State of South Dakota
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EIGHTY-FIFTH SESSION LEGISLATIVE ASSEMBLY, 2010 |
| 349R0168 | HOUSE BILL NO. 1077 |
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Introduced by: The Committee on Judiciary at the request of the Chief Justice
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FOR AN ACT ENTITLED, An Act to enact a procedure for delayed appeal if the petitioner was
unconstitutionally denied the right of appeal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. A circuit court may grant a delayed appeal if the court determines that the petitioner was denied the right to an appeal from the original conviction in violation of the Constitution of the United States or the Constitution of South Dakota and if such relief is requested within a reasonable time and an adequate record of the original trial proceeding is available for review. In such a case, the court shall vacate the original judgment, re-impose the same judgment and sentence, and advise the petitioner in person of all rights associated with an appeal from that judgment, including the time for filing an appeal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. A circuit court may grant a delayed appeal if the court determines that the petitioner was denied the right to an appeal from the original conviction in violation of the Constitution of the United States or the Constitution of South Dakota and if such relief is requested within a reasonable time and an adequate record of the original trial proceeding is available for review. In such a case, the court shall vacate the original judgment, re-impose the same judgment and sentence, and advise the petitioner in person of all rights associated with an appeal from that judgment, including the time for filing an appeal.
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180 copies of this document were printed by the South Dakota Legislative Research Council at a cost of $.052 per page. |
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Insertions into existing statutes are indicated by underscores. Deletions from existing statutes are indicated by |
