South Dakota Codified Laws 23A-10A-6.1. Burden and standard of proof
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If the defendant, state, or court asserts that a defendant is mentally incompetent to proceed, the state has the burden of proving the mental competence of the defendant by a preponderance of the evidence.
Terms Used In South Dakota Codified Laws 23A-10A-6.1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- mentally incompetent to proceed: as used in this chapter , means the condition of a person who is suffering from a mental disease, developmental disability, as defined in §. See South Dakota Codified Laws 23A-10A-1
Source: SL 1984, ch 178; SL 1988, ch 190.