§ 23-5B-1 Order upon motion for DNA testing of person convicted of felony–Requirements
§ 23-5B-2 Notice to attorney general and state’s attorney of motion for testing–Response
§ 23-5B-3 Referral of indigent petitioner’s request for testing to Innocence Project or volunteerattorney
§ 23-5B-4 Petitioner may retain counsel
§ 23-5B-5 Preservation of evidence in state custody
§ 23-5B-6 Testing laboratory
§ 23-5B-7 Testing by agreement
§ 23-5B-8 Disclosure of test results
§ 23-5B-9 Submission of test results to State DNA Database
§ 23-5B-10 Inconclusive test results or match between DNA sample and DNA evidence
§ 23-5B-11 Match between DNA sample and other offense
§ 23-5B-12 Denial of relief upon inconclusive test results
§ 23-5B-13 Effect of match between DNA sample and DNA evidence
§ 23-5B-14 Sentencing in prosecution for false assertions
§ 23-5B-15 Motion for new trial where testing excludes petitioner as source of DNA evidence
§ 23-5B-16 Grounds for new trial
§ 23-5B-17 Habeas corpus

Terms Used In South Dakota Codified Laws > Title 23 > Chapter 5B

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2