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§ 33-10-195 Appeal by the state.

SD Codified L § 33-10-195 (2019) (N/A)
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33-10-195. Appeal by the state. In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial, or by a judge in a bench trial so long as it is not made in reconsideration:

(1) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification;

(2) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding;

(3) An order or ruling which directs the disclosure of classified information;

(4) An order or ruling which imposes sanctions for nondisclosure of classified information;

(5) A refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information; or

(6) A refusal by the military judge to enforce an order described in subdivision (5) that has previously been issued by appropriate authority.Source: SL 2012, ch 175, § 176.

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