South Dakota Supreme Court Decisions

Browse Opinions From the South Dakota Supreme Court

Recent Decisions From the South Dakota Supreme Court

Kern v. Progressive Northern Ins. Co.  
Date: July 20, 2016
Citation: 2016 S.D. 52
Docket Number: 27521

Justia Opinion Summary: Kern was injured in a rear-end collision in which the other driver was at fault. Kern filed an underinsured motorist (UIM) claim with Progressive Northern Insurance Company, his insurance provider. Months of settlement n...

Heitmann v. American Family Mut. Ins. Co.  
Date: July 20, 2016
Citation: 2016 S.D. 51
Docket Number: 27549

Justia Opinion Summary: Dusty Groom’s handgun discharged, shooting Brody Heitmann in the head. Heitmann survived and sued Groom. Heitmann obtained a judgment against Groom and also obtained an assignment from Groom of Groom’s right to enforce c...

Papousek v. De Smet Farm Mut. Ins. Co.  
Date: July 20, 2016
Citation: 2016 S.D. 53
Docket Number: 27658

Justia Opinion Summary: After a severe storm, Richard and Lorayna Papousek discovered that ninety-three of their cattle were dead. It was determined that the cause of the cattle’s death was drowning. At the time, the Papouseks had in effect a f...

Magner v. Brinkman  
Date: July 13, 2016
Citation: 2016 S.D. 50
Docket Number: 27354

Justia Opinion Summary: Plaintiffs and Defendants owned abutting properties. This lawsuit centered on the drainage of water from Defendants’ property onto Plaintiffs’ property. Specifically, Plaintiffs contended that Defendants caused an increa...

State v. Martinez  
Date: July 6, 2016
Citation: 2016 S.D. 49
Docket Number: 27559

Justia Opinion Summary: Defendant pleaded guilty to first-degree burglary. The circuit court sentenced Defendant to twenty years in prison with four years suspended and credit for time served. Defendant appealed, alleging that he received ineff...

Lake Hendricks Improvement Ass’n v. Brookings County Planning & Zoning Comm’n  
Date: June 29, 2016
Citation: 2016 S.D. 48
Docket Number: 27598

Justia Opinion Summary: A county Board of Adjustment granted Developer a conditional use permit for a concentrated animal feeding operation. Petitioners challenged the Board’s decision, arguing that the Board did not have jurisdiction to grant...

Black Hills Truck & Trailer, Inc.  
Date: June 22, 2016
Citation: 2016 S.D. 47
Docket Number: 27413

Justia Opinion Summary: The Department of Revenue subjected several corporations owned by North American Truck & Trailer, Inc. (collectively, Taxpayers) to a sales-and-use-tax audit, which uncovered errors regarding Taxpayers’ reporting of use...

Tri-City Associates, LP v. Belmont, Inc.  
Date: June 1, 2016
Citation: 2016 S.D. 46
Docket Number: 27449

Justia Opinion Summary: Tri-City Associates, LP owned and operated the Northgate Shopping Center in Rapid City. It entered into a written lease agreement with Belmont, Inc. in April 2006 for unfinished commercial space. The unfinished commercia...

South Dakota v. Janis  
Date: May 18, 2016
Citation: 2016 S.D. 43
Docket Number: 27462

Justia Opinion Summary: A jury convicted Cleve Janis, Jr. of third-degree rape in 2015. Janis appealed, arguing that the circuit court erred when it admitted undisclosed expert testimony. Janis also argued that the prosecutor committed miscondu...

Schwan v. Burgdorf  
Date: May 18, 2016
Citation: 2016 S.D. 45
Docket Number: 27524

Justia Opinion Summary: Two members of a seven-member trust succession committee petitioned the circuit court for court supervision of the trust. Marvin M. Schwan owned and operated Schwan’s Sales Enterprises (a.k.a. The Schwan Food Company) un...

Interest of A.B.  
Date: May 18, 2016
Citation: 2016 S.D. 44
Docket Number: 27535

Justia Opinion Summary: Mother appealed the termination of her parental rights to A.B. She argued that the circuit court abused its discretion when it qualified the State’s witness as an expert under the Indian Child Welfare Act (ICWA) in light...

Upell v. Dewey Cty. Comm'n  
Date: May 18, 2016
Citation: 2016 S.D. 42
Docket Number: 27548

Justia Opinion Summary: The Dewey County Commission (the Commission) granted an application to erect a power distribution line in a section line right-of-way bordering Margaret Upell’s property. Upell filed a notice of appeal of the Commission’...

State v. Pursley  
Date: May 11, 2016
Citation: 2016 S.D. 41
Docket Number: 27445

Justia Opinion Summary: After a jury trial, Defendant was convicted of simple assault. Defendant appealed, arguing that the prosecutor’s reference to Defendant’s attorney in cross-examination and closing argument violated his Sixth Amendment ri...

State v. Ainsworth  
Date: May 11, 2016
Citation: 2016 S.D. 40
Docket Number: 27593

Justia Opinion Summary: Appellant pleaded guilty to simple assault. Appellant was sentenced to two years in the penitentiary - the maximum penalty - with no credit for time served. Appellant appealed, challenging the circuit court’s failure to...

Stark v. Weber  
Date: April 27, 2016
Citation: 2016 S.D. 38
Docket Number: 27500

Justia Opinion Summary: Appellant pleaded guilty to aggravated assault against a law enforcement officer. Appellant was sentenced to twenty-two years in prison. Appellant later filed a petition for writ of habeas corpus, arguing that his trial...

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