South Dakota Codified Laws
Chapter 27 - Habeas Corpus
Section 21-27-3.3 - Two-year statute of limitation.

21-27-3.3. Two-year statute of limitation.
A two-year statute of limitation applies to all applications for relief under this chapter. This limitation period shall run from the latest of:
(1)The date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;
(2)The date on which the impediment to filing an application created by state action in violation of the constitution or laws of the United States or of this state is removed, if such impediment prevented the applicant from filing;
(3)The date on which the constitutional right asserted in the application was initially recognized by the Supreme Court of the United States or the Supreme Court of this state if the right has both been newly recognized and is retroactively applicable to cases on collateral review; or
(4)The date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.

Source: SL 2012, ch 118, §3.

Structure South Dakota Codified Laws