Proceedings under this chapter cannot be maintained while an appeal from the applicant’s conviction and sentence is pending or during the time within which such appeal may be perfected.

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Terms Used In South Dakota Codified Laws 21-27-3.1

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Conviction: A judgement of guilt against a criminal defendant.

Source: SL 1983, ch 169, § 4; SL 2012, ch 118, § 1.