South Dakota Supreme Court Decisions

Browse Opinions From the South Dakota Supreme Court


Recent Decisions From the South Dakota Supreme Court

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...

Western National Mutual Insurance Co. v. Gateway Building Systems, Inc.  
Date: November 30, 2016
Citation: 2016 S.D. 85
Docket Numbers: 27841, 27842

Justia Opinion Summary: Dakota Mill & Grain, Inc. filed suit against Gateway Building Systems, Inc. Gateway had purchased a commercial general liability insurance policy from Western National Mutual Insurance Company, which was in effect during...

State v. Diaz  
Date: November 22, 2016
Citation: 2016 S.D. 78
Docket Number: 27432

Justia Opinion Summary: Defendant was charged with murder and kidnapping. Defendant was a juvenile at the time of the crime. The State moved to transfer Defendant’s case to adult court. After a hearing, the juvenile court granted the State’s mo...

State v. Schrempp  
Date: November 22, 2016
Citation: 2016 S.D. 79
Docket Number: 27461

Justia Opinion Summary: Defendant was indicted for eight drug-related offenses. After a jury trial, Defendant was convicted of seven of the eight counts. Defendant appealed, arguing (1) the trial court erred by amending the indictment the day b...

State v. Kleven  
Date: November 22, 2016
Citation: 2016 S.D. 80
Docket Number: 27765

Justia Opinion Summary: Defendant was arrested and charged with driving under the influence after police officers approached a parked vehicle and found Defendant in the driver’s seat and smelled the odor of alcohol. Defendant filed a motion to...

Black v. Division of Criminal Investigation  
Date: November 22, 2016
Citation: 2016 S.D. 82
Docket Number: 27784

Justia Opinion Summary: Mark Black was hired as an agent of the South Dakota Division of Criminal Investigation (DCI) in 2005. Approximately one decade later, DCI terminated Black’s employment after a series of incidents and disciplinary action...

State v. Greenwood  
Date: November 22, 2016
Citation: 2016 S.D. 81
Docket Number: 27791

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of aggravated assault. Defendant was sentenced to twenty years in the state penitentiary. Defendant appealed, arguing that the trial court erred by allowing a nur...

State v. Rogers  
Date: November 22, 2016
Citation: 2016 S.D. 83
Docket Number: 27817

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder. The circuit court sentenced Defendant to life imprisonment without parole. Defendant appealed, challenging the circuit court’s denial of his motion to s...

Konrad v. Stoebner  
Date: November 2, 2016
Citation: 2016 S.D. 77
Docket Number: 27772

Justia Opinion Summary: Thomas Konrad and Myron Stoebner entered into a contract for the sale of real property. Under the contract, the Stoebners agreed to sell Konrad nine parcels of real estate. The contract contained an arbitration clause. W...

Hughbanks v. Dooley  
Date: October 26, 2016
Citation: 2016 S.D. 76
Docket Number: 27345

Justia Opinion Summary: In 2007, Appellant pleaded guilty to two counts of possession of child pornography and admitted that he was a habitual offender. Appellant did not directly appeal his conviction. Nearly seven years after his conviction b...

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