McbBride v. Weber

[¶ 17.] I concur with the Court’s opinion and write to express a few thoughts on the process whereby a right to appeal, long expired, may be revived. This revival process, invoked only in criminal cases, must be labeled for what it is: a juridical “ruse.”4 There is no statutory provision that permits it, although by constitutional necessity it must exist.

[¶ 18.] South Dakota is an appeal-of-right state. Anyone convicted of a misdemeanor or felony, whether by trial or plea, has an absolute right to appeal the conviction. Appeals to the Supreme Court must be taken within thirty days. SDCL…