2012 South Dakota Codified Laws
Title 19 EVIDENCE
Chapter 16. Hearsay
§19-16-26 (Rule 803(22)) Evidence of conviction of crime admissible--Pendency of appeal.


SD Codified L § 19-16-26 (through 2012) What's This?


19-16-26. (Rule 803(22)) Evidence of conviction of crime admissible--Pendency of appeal. Evidence of a final judgment, entered after a trial or upon a plea of guilty, adjudging a person guilty of a crime punishable by death or imprisonment in excess of one year, is not excluded by § 19-16-4 when offered to prove any fact essential to sustain the judgment, even though the declarant is available as a witness; but when offered by the state in a criminal prosecution for purposes other than impeachment, judgments against persons other than the accused are excluded. The pendency of an appeal or postconviction proceeding may be shown but does not affect admissibility.

Source: Supreme Court Rule 78-2, Rule 803 (22).

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