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State of South Dakota
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EIGHTY-FIFTH SESSION LEGISLATIVE ASSEMBLY, 2010 |
| 349R0168 | SENATE JUDICIARY ENGROSSED NO. HB 1077 - 3/4/2010 |
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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. If the court finds that an applicant was denied the right to an appeal from an original conviction in violation of the Constitution of the United States or the Constitution of South Dakota, the court shall issue a new judgment and impose the same sentence if such relief is requested within a reasonable time and an adequate record of the original trial proceeding is available for review. The court shall advise the applicant of the following:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. If the court finds that an applicant was denied the right to an appeal from an original conviction in violation of the Constitution of the United States or the Constitution of South Dakota, the court shall issue a new judgment and impose the same sentence if such relief is requested within a reasonable time and an adequate record of the original trial proceeding is available for review. The court shall advise the applicant of the following:
(1) The rights associated with an appeal from a criminal conviction; and
(2) The time for filing a notice of appeal from the reimposed judgment and sentence.
Nothing in this section limits an applicant's right to habeas corpus.
Nothing in this section limits an applicant's right to habeas corpus.
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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 |
