23A-21-4. (Rule 25(b)) Assignment to replace judge disabled after verdict or conviction--New trial.
94 words·~1 min read·
/sd/title-23/chapter-23-21/23a-21-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If by reason of absence, death, sickness, or other disability a judge before whom a defendant has been tried is unable to perform the duties to be performed by a court after a verdict or finding of guilt, any other judge assigned by the Chief Justice of the Supreme Court of South Dakota to the court may perform those duties. If the other judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may in his discretion grant a new trial.