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.

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.