2021 South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 11 - Joinder For Trial
Section 23A-11-2 - (Rule 14) Relief from prejudicial joinder of offenses or defendants.
23A-11-2.(Rule 14) Relief from prejudicial joinder of offenses or defendants.
If it appears that a defendant or the state is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance of defendants or provide whatever other relief justice requires. In ruling on a motion by a defendant for severance the court may order the prosecuting attorney to deliver to the court for inspection in camera any statements or confessions made by the defendants which the state intends to introduce in evidence at the trial.
Source: Supreme Court Rules 366, 395, 1939; SDC 1939 & Supp 1960, §§34.3009, 34.3625; SDCL, §§23-32-8, 23-42-4; SL 1978, ch 178, §130.
