State v. Janklow

[¶ 23.] I agree that the same criteria should be used to determine whether this defendant should be released pending appeal as would be applied to any other defendant. The South Dakota legislature has specifically enacted a statute authorizing bail pending appeal. SDCL 23A-43-16 provides:

On motion of a defendant who has been convicted of an offense, the court in which the conviction was had may release the defendant prior to the entry of judgment,' pending the expiration of time for filing notice of appeal, and pending the outcome of the appeal. The court in determining the eligibility of the…