South Dakota Codified Laws
Chapter 32 - Appeals To Supreme Court
Section 23A-32-21 - Continuation by personal representative of pending appeal--Substitution--Time limits.

23A-32-21. Continuation by personal representative of pending appeal--Substitution--Time limits.
The personal representative of a deceased defendant, if substituted as a party, may continue a pending appeal on behalf of the deceased defendant to the extent that the claim is not extinguished by the death. The personal representative of the defendant's estate may make a motion for substitution, together with a notice of hearing, and shall serve the same on the prosecuting attorney and the attorney general within sixty days of the defendant's death. The court may dismiss any appeal of a deceased defendant in which a motion for substitution, together with notice of hearing and proof of service has not been filed with the clerk of the Supreme Court within sixty days of the defendant's death.

Source: SL 2008, ch 116, ยง4.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 32 - Appeals To Supreme Court

Section 23A-32-1 - Transcript prepared when necessary to protect defendant's rights.

Section 23A-32-2 - Defendant's right to appeal.

Section 23A-32-3 - Reproduction of brief for indigent defendant--Form and contents.

Section 23A-32-4 - Appeal by prosecution from judgment setting aside verdict, dismissal, arrest of judgment, new trial, or deviation from mandatory sentence.

Section 23A-32-5 - Appeal by prosecution--Suppression order--Dismissal of complaint--Procedure--Double jeopardy.

Section 23A-32-6 - Time for appeal by prosecution.

Section 23A-32-7 - Release on bail pending appeal by prosecution.

Section 23A-32-9 - Scope of review by Supreme Court.

Section 23A-32-10 - New trial motion not required to preserve grounds for appeal.

Section 23A-32-11 - Scope of review when denial of new trial assigned as error.

Section 23A-32-12 - Discretionary appeal from intermediate order before trial--Procedure.

Section 23A-32-13 - Constitutional issue first raised on appeal.

Section 23A-32-14 - Provisions as to civil appeals applicable unless otherwise provided.

Section 23A-32-15 - Time of taking appeal.

Section 23A-32-16 - Notice of appeal--Service on adverse parties--Perfection of appeal--Fee not required of indigent defendant.

Section 23A-32-17 - Service of notice of appeal and papers on attorney general--Control of case by attorney general.

Section 23A-32-18 - Remand to trial court for new trial motion.

Section 23A-32-19 - Disposition of case directed by Supreme Court.

Section 23A-32-20 - Time for appeal by personal representative of deceased defendant's estate.

Section 23A-32-21 - Continuation by personal representative of pending appeal--Substitution--Time limits.

Section 23A-32-22 - Discretionary appeals of illegal sentences.