South Dakota Codified Laws 21-27-20. Supreme Court order required for admission to bail pending application for writ or pending appellate review
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The prisoner shall not be admitted to bail pending application for the writ of habeas corpus, or pending appellate review of an order refusing the writ, except by order of the Supreme Court or one of the judges thereof.
Terms Used In South Dakota Codified Laws 21-27-20
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, § 37.5509 (2).