The record of trial and related documents in each case reviewed pursuant to § 33-10-201 shall be sent for action to the adjutant general, if:

(1) The judge advocate who reviewed the case recommends corrective action;

Terms Used In South Dakota Codified Laws 33-10-202

  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Record: when used in connection with the proceedings of a court-martial:

    (a) An official written transcript, written summary, or other writing relating to the proceedings. See South Dakota Codified Laws 33-10-20

  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(2) The sentence approved pursuant to § 33-10-187 extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months; or

(3) Such action is otherwise required by rules promulgated by the Adjutant General pursuant to chapter 1-26.

Source: SL 2012, ch 175, § 183; SL 2023, ch 109, § 18.