South Dakota Assertion of Right to Be Present

State:
Multi-State
Control #:
US-00791
Format:
Word; 
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This is a multi-state form covering the subject matter of the title.
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FAQ

California Code, Evidence Code - EVID § 402 (c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.

An accused in a criminal proceeding has a privilege to prevent his spouse from testifying as to any confidential communication between the accused and the spouse.

The Supreme and circuit courts and the judges thereof shall have power to issue writs of habeas corpus for the purpose of bringing any person imprisoned in any prison before any court or magistrate, to testify in any criminal action or proceeding in any county of the state, and returning such person to such prison.

19-19-402 Relevant evidence generally admissible--Irrelevant evidence inadmissible. 19-19-403 Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons. 19-19-404 Character evidence--Crimes or other acts. 19-19-405 Methods of proving character.

The following is an example of evidence that would likely be found to be irrelevant: the fact that the defendant had been seen drunk at a party (not driving) a month before her arrest for driving while intoxicated. Even relevant evidence may not be admissible in all cases.

South Dakota was the first state in the nation to abolish the Rule Against Perpetuities ? which prohibited unlimited-duration trusts ? in 1983, clearing the way for the creation of the Dynasty Trust.

Takeaways on South Dakota's Laws The general age of consent is 16. There is a limited Romeo and Juliet exemption for consensual sexual contact between minors under 16 who are less than 3 years apart in age. Anyone over 18 risks a misdemeanor charge for sexual activity with a consenting 16- or 17-year-old.

Any person who possesses, possesses with intent to distribute, sells, or distributes a substance knowing that it is to be used in violation of § 22-42-15 is guilty of a Class 1 misdemeanor. Source: SL 2011, ch 118, § 1.

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South Dakota Assertion of Right to Be Present