23A-7-13.(Rule 11(e)(6)) Evidence of guilty or nolo contendere plea inadmissible after withdrawal--Exception in perjury prosecutions.
Except as provided in this section, evidence of a plea of guilty or nolo contendere which was later withdrawn, of an offer to plead guilty or nolo contendere to the crime charged or any other crime, or of statements made in connection with, and relevant to, any of the foregoing pleas or offers, is not admissible in any civil or criminal proceeding against the person who made the plea or offer. However, evidence of a statement made in connection with, and relevant to a plea of guilty or nolo contendere, later withdrawn, or an offer to plead guilty or nolo contendere to the crime charged or any other crime, is admissible in a criminal proceeding for perjury if the statement was made by the defendant under oath, on the record, and in the presence of counsel.
Source: SL 1978, ch 178, §104.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 07 - Arraignment And Pleas
Section 23A-7-3 - (Rule 11(b)) Consent required for nolo contendere plea--Considerations by court.
Section 23A-7-4 - (Rule 11(c)) Advice as to rights to defendant pleading guilty or nolo contendere.
Section 23A-7-7 - Pleading to habitual offender information--Jury trial.
Section 23A-7-8.1 - Victim's failure to comment--Effect.
Section 23A-7-10 - (Rule 11(e)(3)) Advice to defendant as to acceptance of plea agreement.
Section 23A-7-12 - (Rule 11(e)(5)) Time of notification to court of plea agreement.
Section 23A-7-13 - (Rule 11(e)(6)) Evidence of guilty or nolo contendere plea inadmissible after withdrawal--Exception in perjury prosecutions.
Section 23A-7-15 - (Rule 11(g)) Record of proceedings at which plea entered--Contents.
Section 23A-7-16 - Guilty but mentally ill plea--Prerequisites to acceptance.