South Dakota Codified Laws
Chapter 10 - (Rule 12.2) Notice Of Mental Illness Defense
Section 23A-10-5 - (Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.

23A-10-5.(Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.
If the defendant fails to give notice when required by §23A-10-3 or to submit to an examination when ordered under §23A-10-4, a court shall exclude the testimony of any witness offered by a defendant on the issue of his mental state.

Source: SL 1978, ch 178, §127; SL 1983, ch 174, §11.

<< Previous
Next >>

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 10 - (Rule 12.2) Notice Of Mental Illness Defense

Section 23A-10-2 - Form of plea raising defense.

Section 23A-10-3 - (Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.

Section 23A-10-4 - (Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged.

Section 23A-10-5 - (Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.

Section 23A-10-6 - Mistrial when defense raised without pleading--Subsequent trial.

Section 23A-10-7 - Independent psychiatric examination--Court approval--Notice--Cost.