§ 23A-10-1 (Rule 12.2(a))Reserved
§ 23A-10-2 Form of plea raising defense
§ 23A-10-3 (Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mentalcondition–Additional time allowed
§ 23A-10-4 (Rule 12.2(c)) Order to defendant to submit to psychiatric examination–Courtappointment of experts–Statements by accused privileged
§ 23A-10-5 (Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination
§ 23A-10-6 Mistrial when defense raised without pleading–Subsequent trial
criminal case

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Terms Used In South Dakota Codified Laws > Title 23A > Chapter 10 - (Rule 12.2) Notice of Mental Illness Defense

  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • 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.
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.