Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
SDCL § 23A-10-2 Form of plea raising defense
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A defendant in a criminal case raising the defense of insanity shall, at his arraignment, specially plead "not guilty and not guilty by reason of insanity." Source: SL 1953, ch 201 , § 1; SDC Supp 1960, § 34.20A01; SDCL, § 23-37-1 ; SL 1978, ch 178 , § 124; SL 1983, ch 174 , § 8.
SDCL § 23A-10-3 (Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed
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If a defendant intends to introduce expert testimony relating to mental illness or insanity relevant to the issue of whether he had the mental state required for the offense charged, he shall, not less than thirty days prior to the date set for trial or at any later time as the c…
SDCL § 23A-10-4 (Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged
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In an appropriate case a court shall, upon motion of a prosecuting attorney, order the defendant to submit to a psychiatric examination by a psychiatrist designated for this purpose by the prosecuting attorney in an order of the court. The court may also appoint medical experts a…
SDCL § 23A-10-5 (Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination
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If the defendant fails to give notice when required by § 23A-10-3 or to submit to an examination when ordered under § 23A-10-4 , a court shall exclude the testimony of any witness offered by a defendant on the issue of his mental state. Source: SL 1978, ch 178 , § 127; SL 1983, c…
SDCL § 23A-10-6 Mistrial when defense raised without pleading--Subsequent trial
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If, during the trial of a criminal case, where the plea of "not guilty and not guilty by reason of insanity" has not been made, a court deems that a substantial suggestion of a defendant's sanity was raised as a defense, the defendant shall be deemed to have consented to a mistri…
SDCL § 23A-10-7 Independent psychiatric examination--Court approval--Notice--Cost
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Subject to court approval, the defendant may be examined at an approved community health center by a psychiatrist of his own choosing at his own expense or, if indigent, at county expense. Examination of the defendant shall be on the issue of his insanity when the offense occurre…