South Dakota Supreme Court Decisions

Browse Opinions From the South Dakota Supreme Court


Recent Decisions From the South Dakota Supreme Court

State v. Bausch  
Date: January 4, 2017
Citation: 2017 S.D. 1
Docket Number: 27526

Justia Opinion Summary: After a jury trial, Defendant was convicted of four counts of rape in the first degree and two counts of sexual contact with a child under sixteen years of age. The Supreme Court affirmed in part and reversed in part, ho...

Mendenhall v. Swanson  
Date: January 4, 2017
Citation: 2017 S.D. 2
Docket Number: 27774

Justia Opinion Summary: After Keith Mendenhall and Lisa Swanson divorced, Keith brought a claim for slander against Lisa. Lisa counterclaimed for intentional infliction of emotional distress, invasion of privacy, slander, and alienation of her...

Wipf v. Altstiel  
Date: December 21, 2016
Citation: 2016 S.D. 97
Docket Number: 27491

Justia Opinion Summary: Steven Wipf (Plaintiff) sued Dr. Terry Alstiel and Regional Health Physicians Inc. (Defendants) for medical malpractice, alleging that Dr. Altstiel accidentally perforated Wipf’s small bowel during a laparoscopic hernia...

Coffey v. Coffey  
Date: December 21, 2016
Citation: 2016 S.D. 96
Docket Number: 27721

Justia Opinion Summary: After Wife sought a divorce from Husband, the parties entered into a stipulation and agreement to divide their property and debt. The agreement awarded the martial home to Husband, divided responsibility for the two mort...

State v. Uhing  
Date: December 14, 2016
Citation: 2016 S.D. 93
Docket Number: 27473

Justia Opinion Summary: Defendant was convicted of seven drug-related offenses, six of which were felonies. The trial court sentenced Defendant to an aggregated sentence of forty-five years’ imprisonment and thirty days in the county jail. The...

Vandyke v. Choi  
Date: December 14, 2016
Citation: 2016 S.D. 91
Docket Number: 27740

Justia Opinion Summary: Jieun Choi and Jason Vandyke were married for about a year and a half before divorcing on the grounds of irreconcilable differences. A stipulation and settlement agreement was incorporated into the divorce decree that pr...

Hoffman v. Bob Law, Inc.  
Date: December 14, 2016
Citation: 2016 S.D. 94
Docket Number: 27748

Justia Opinion Summary: Homeowner’s fixtures encroached on Landowner’s property. Homeowner sued for an implied easement to keep the encroachments on the adjoining property. Landowner counterclaimed for trespass and sought a mandatory injunction...

In re Application of Black Hills Power, Inc.  
Date: December 14, 2016
Citation: 2016 S.D. 92
Docket Number: 27751

Justia Opinion Summary: Black Hills Power, Inc. (BHP), a public utility in South Dakota, filed an application to increase electric rates with the South Dakota Public Utility Commission. Black Hills Industrial Intervenors (BHII) filed a motion t...

Total Auctions & Real Estate, LLC v. S.D. Department of Revenue & Regulation  
Date: December 14, 2016
Citation: 2016 S.D. 95
Docket Number: 27804

Justia Opinion Summary: Total Auctions and Real Estate, LLC (Total Auctions) was a licensed automobile dealer that intended to hold automobile auctions in Lincoln County. Total Auctions met with a dealer agent employed by the Division of Motor...

State v. JB Enterprises, Inc.  
Date: December 7, 2016
Citation: 2016 S.D. 89
Docket Number: 27176

Justia Opinion Summary: JB Enterprises (JBE) owned property located on a corner lot abutting Cliff Avenue and 63rd Street in Sioux Falls. Prior to initiating a public improvement reconstructing the interchange at Interstate 90 and Cliff Avenue,...

State v. Miller  
Date: December 7, 2016
Citation: 2016 S.D. 88
Docket Number: 27198

Justia Opinion Summary: Prior to reconstructing the interchange at Interstate 90 and Cliff Avenues in Sioux Falls, the State instituted a quick-take condemnation action against two landowners (together, Defendants) and effected a partial taking...

Schleim v. S.D. Department of Transportation  
Date: December 7, 2016
Citation: 2016 S.D. 90
Docket Number: 27557

Justia Opinion Summary: Carlyle Schleim owned, and Farmers State Bank of Canton held a mortgage on, property located near an intersection that was closed in connection with the State’s reconstruction of the interchange between Interstate 90 and...

State v. Jones  
Date: December 7, 2016
Citation: 2016 S.D. 86
Docket Number: 27758

Justia Opinion Summary: Defendant pleaded guilty to one count of aggravated incest and four counts of abusing his children. Defendant was sentenced to a total of forty-seven years imprisonment and ordered to pay the Department of Social Service...

State v. Birdshead  
Date: December 7, 2016
Citation: 2016 S.D. 87
Docket Number: 27832

Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree manslaughter, commission of a felony with a firearm, and possession of a controlled weapon. Defendant appealed, arguing, inter alia, that the State committed...

State v. Pentecost  
Date: November 30, 2016
Citation: 2016 S.D. 84
Docket Number: 27696

Justia Opinion Summary: In this case, the Supreme Court held that the question of whether a defendant is “licensed or privileged to enter or remain” in an occupied structure hinges on whether the defendant is, under the totality of the circumst...

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