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2021 South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed
Section 23A-10A-6.1 - Burden and standard of proof.
Universal Citation: SD Codified L § 23A-10A-6.1 (2021)
23A-10A-6.1. Burden and standard of proof.
If the defendant, state, or court asserts that a defendant is mentally incompetent to proceed, the state has the burden of proving the mental competence of the defendant by a preponderance of the evidence.
Source: SL 1984, ch 178; SL 1988, ch 190.
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