South Dakota Supreme Court Decisions

Browse Opinions From the South Dakota Supreme Court


Recent Decisions From the South Dakota Supreme Court

State v. Flowers  
Date: September 14, 2016
Citation: 2016 S.D. 63
Docket Number: 27682

Justia Opinion Summary: Defendant pleaded guilty to possession of a controlled substance, a Class 5 felony, and admitted the allegations of a habitual criminal information alleging that she had two prior felony convictions. Because of Defendant...

In re Estate of Flaws  
Date: August 31, 2016
Citation: 2016 S.D. 60
Docket Number: 27511

Justia Opinion Summary: Decedent named heirs in her will, but the heirs predeceased Decedent. Thus, Decedent’s estate became subject to the laws of intestate succession. The children of Decedent’s brother (collectively, Appellants) were designa...

In re Estate of Flaws  
Date: August 31, 2016
Citation: 2016 S.D. 61
Docket Number: 27515

Justia Opinion Summary: Decedent named heirs in her will, but the heirs predeceased Decedent. Thus, Decedent’s estate became subject to the laws of intestate succession. The children of Decedent’s brother (collectively, Appellants) were designa...

Rosebud Sioux Tribe v. Colombe  
Date: August 31, 2016
Citation: 2016 S.D. 62
Docket Number: 27587

Justia Opinion Summary: After Charles Colombe died, Wesley Colombe filed a petition for informal probate and was appointed as personal representative of Charles’s Estate. The Rosebud Sioux Tribe (RST) filed a notice of creditor’s claim seeking...

State v. Lerma  
Date: August 17, 2016
Citation: 2016 S.D. 58
Docket Number: 27450

Justia Opinion Summary: Defendant was stopped by a police officer because his vehicle’s left brake light was not working. Defendant was subsequently arrested for driving under the influence of alcohol. Defendant filed a motion to suppress. The...

Wedel v. Beadle County Comm’n  
Date: August 17, 2016
Citation: 2016 S.D. 59
Docket Number: 27539

Justia Opinion Summary: Westside Gilts RE, LLC submitted an application to the Beadle County Planning Commission for a conditional use permit (CUP) to construct and operate a concentrated animal feeding operation. The Planning Commission recomm...

State v. Bariteau  
Date: August 3, 2016
Citation: 2016 S.D. 57
Docket Number: 27567

Justia Opinion Summary: After a jury trial, Defendant was convicted of sexual contact with a child under sixteen years of age. Defendant appealed, arguing that there was insufficient evidence to support his conviction and that the prosecutor co...

State v. Smith  
Date: July 27, 2016
Citation: 2016 S.D. 55
Docket Number: 27321

Justia Opinion Summary: Defendant was charged with three counts of simple assault against a law enforcement officer, among other offenses. Defendant served a subpoena on the county sheriff requesting all disciplinary records and complaints cont...

State v. Johnson  
Date: July 27, 2016
Citation: 2016 S.D. 56
Docket Number: 27341

Justia Opinion Summary: Defendant was charged with two counts of simple assault against a law enforcement officer, among other offenses. Defendant served a subpoena on the county sheriff requesting all disciplinary records and complaints contai...

State v. Slotsky  
Date: July 27, 2016
Citation: 2016 S.D. 54
Docket Number: 27577

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded guilty to a charge of unauthorized ingestion of a controlled substance. At the change of plea hearing, the State agreed to recommend a light sentence with no jail time. At...

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...

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