South Dakota Codified Laws 33-10-195. Appeal by the state
In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial, or by a judge in a bench trial so long as it is not made in reconsideration:
(1) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification;
Terms Used In South Dakota Codified Laws 33-10-195
- 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.
- Bench trial: Trial without a jury in which a judge decides the facts.
- 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.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding;
(3) An order or ruling which directs the disclosure of classified information;
(4) An order or ruling which imposes sanctions for nondisclosure of classified information;
(5) A refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information; or
(6) A refusal by the military judge to enforce an order described in subdivision (5) that has previously been issued by appropriate authority.
Source: SL 2012, ch 175, § 176.