South Dakota § 23A-27-51 - Procedure for delayed appeal where applicant unconstitutionally denied right of appeal.
Full text of South Dakota South Dakota Codified Laws § 23A-27-51 — Procedure for delayed appeal where applicant unconstitutionally denied right of appeal., with citation guidance and answers to common questions.
§ 23A-27-51. Procedure for delayed appeal where applicant unconstitutionally denied right of appeal.
If the court finds that an applicant was denied the right to an appeal from an original conviction in violation of the Constitution of the United States or the Constitution of South Dakota, the court shall issue a new judgment and impose the same sentence if such relief is requested within a reasonable time and an adequate record of the original trial proceeding is available for review. The court shall advise the applicant of the following:
(1) The rights associated with an appeal from a criminal conviction; and
(2) The time for filing a notice of appeal from the reimposed judgment and sentence.
Nothing in this section limits an applicant's right to habeas corpus.
Source: SL 2010, ch 131, § 1.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 23A-27-51
What does South Dakota Codified Laws § 23A-27-51 cover?
Section 23A-27-51 ("Procedure for delayed appeal where applicant unconstitutionally denied right of appeal.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 23A-27-51?
A common citation format is "South Dakota Codified Laws § 23A-27-51" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 23A-27-51 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.