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59 chapters · 917 sections in this title.
SDCL § 23A-27A-5 Written designation of aggravating circumstances required
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The jury, if its verdict is a recommendation of death, shall designate in writing, signed by the foreman of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. Upon the findings of the jury, the judge shall fix a sentence of death. So…
SDCL § 23A-27A-6 Designation by judge in nonjury cases--At least one aggravating circumstance required for death penalty imposition
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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 aggravating circums…
SDCL § 23A-27A-7 Sentence of death--Copies of judgment provided to officials
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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 against the convicted person and certifi…
SDCL § 23A-27A-8 Accumulation of prior capital felony records by Supreme Court--Staff and methods
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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 to the statutory questions…
