South Dakota Supreme Court Decisions 2014

Justia Opinion Summary: While two police officers were searching Defendant’s vehicle, Defendant waited with another officer in a patrol car. Suddenly, without warning, Defendant began attacking the officer inside the car. Defendant was…

Justia Opinion Summary: Before his death in 2011, Donald Hyde executed a will and then a revocable trust that he funded with real estate and a brokerage account containing stock. Under the trust, the stock was to be distributed to charities…

Justia Opinion Summary: This dispute arose from Plaintiff’s purchase from David Bisson of seventy heifers whose health certifications were incorrect and origin could not be determined. As a result, the heifers had to be quarantined for…

Justia Opinion Summary: The Morris Family LLC (Morris Family) owns certain property abutting U.S. Highway 212 in the City of Watertown. In a 1970 condemnation action against Morris Family’s predecessor in title, the State sought to acquire the…

Justia Opinion Summary: Cynthia Ann Arch filed a petition and affidavit for a domestic abuse protection order against her brother, Myril Arch. The protection order hearing proceeded after it was twice rescheduled. Myril was absent from the…

Justia Opinion Summary: In 2013, Defendant was convicted of driving under the influence of alcohol (DUI). On appeal, Defendant argued that from 2012 to 2014, S.D. Codified Laws 34-20A-93 prohibited the enforcement of laws such as the DUI…

Justia Opinion Summary: After an abuse and neglect proceeding, the circuit court entered a dispositional order terminating the parental rights of Mother to her two biological children. Mother filed a notice of appeal, but the Supreme Court…

Justia Opinion Summary: In 2013, Defendant was arrested for driving under the influence (DUI). The State filed a part II information charging Defendant with third offense DUI based on a 2005 DUI conviction and a 2012 DUI conviction. Defendant…

Justia Opinion Summary: After Paul Lockenour was arrested, police officers found drugs and drug paraphernalia in Lockenour’s recreational vehicle (RV). Lockenour pleaded guilty to distribution of a controlled substance. The State then brought a…

Justia Opinion Summary: Defendant was stopped after a highway patrol trooper registered Defendant’s car traveling at 112 miles per hour. Defendant, who was under the influence of alcohol and marijuana, was traveling with three small children in…

Justia Opinion Summary: This case involved three establishments (collectively, Establishments) that ran promotional programs intended to attract patrons to their casinos. In essence, if the patrons joined an establishment’s club, they received…

Justia Opinion Summary: The property at issue in this case was transferred to Deadwood Stage Run, LLC (Developer) in early 2006. On December 18, 2006, the City of Deadwood created Tax Incremental District Number Eight (the District) out of the…

Justia Opinion Summary: In August 2011, an indictment issued charging Defendant with one count of aggravated child abuse between March 24, 2011 and March 28, 2011. Defense counsel requested that the jury be instructed that they must determine…

Justia Opinion Summary: Terry and Cindy Leonhardt sued Terry’s father, Delbert Leonhardt, for specific performance of an oral lease and right of first refusal. The Leonhardts alleged that they had entered into an oral lease with Delbert whereby…

Justia Opinion Summary: Clint Bowyer, a North Carolina resident, was a professional race car driver for NASCAR. Appellant was also a motorcycle enthusiast who often attended the motorcycle rallies in Sturgis, South Dakota. Kustom Cycles, Inc.,…

Justia Opinion Summary: In 2000, while working at Homestake Mining Company, Michael Martz injured his shoulder. Martz was paid workers’ compensation benefits. In 2002, while working for McLaughlin Sawmill (Hills Materials), Martz injured the…

Justia Opinion Summary: Julia and George Havlik were married for sixty-five years and operated a farm together. The couple eventually separated, and Julia filed for a separation and a division of their marital assets. Julia later sought spousal…

Justia Opinion Summary: A grand jury indicted Brandon Taliaferro of seven charges. The State formally dismissed two charges, and the circuit court granted judgments of acquittal on the remaining five charges. Thereafter, Taliaferro filed a…

Justia Opinion Summary: In 1996, Defendant, who was sixteen years old at the time, pleaded guilty and was sentenced to a term of thirty-three years in prison for kidnapping. In 2012, Defendant filed a pro se motion to correct an illegal…

Justia Opinion Summary: After a jury trial, Defendant was convicted of vehicular homicide and two counts of vehicular battery. The sole issue at trial was whether Defendant or the deceased was driving the Corvette when it crashed into a minivan…

Justia Opinion Summary: Defendants, two individuals, worked as automobile salesman for two different dealerships. Defendants signed materially identical noncompete agreements during the course of their employments. Defendants later started…

Justia Opinion Summary: Defendant was charged with driving under the influence (DUI). A Part II Information alleged that Defendant had two prior convictions of DUI - one in 2004 and a second in 2006. Defendant filed a motion to strike the Part…

Justia Opinion Summary: Appellant pleaded guilty to possession of a controlled drug or substance. The circuit court sentenced Appellant to five years in prison with two years suspended and fined him $10,000. The two suspended years of…

Justia Opinion Summary: Appellant filed claims of legal malpractice and breach of fiduciary duty against his former attorneys (Appellees) based on an alleged conflict of interest relating to Appellees’ representation of his co-defendants in an…

Justia Opinion Summary: Eastern Farmers Cooperative (EFC) applied for and was granted a conditional use permit to build and operate an agronomy facility on sixty acres of land near Colton, South Dakota. Appellants’ residence was directly across…

Justia Opinion Summary: Steven C. Lester died on August 17, 2011. Pamela Lester, the personal representative of Steven’s estate, published a Notice to Creditors advising them to file claims within four months of the notice. On a later date,…

Justia Opinion Summary: Appellant Merle Temple and Appellee Bradley Gartner owned 3,375 acres of land as tenants in common. After relations between Temple and Gartner deteriorated, Gartner brought an action for partition. After appointing three…

Justia Opinion Summary: After a jury trial, Defendant was convicted of rape and two counts of aggravated assault and sentenced to ten years in prison on each count, to be served concurrently. The Supreme Court affirmed, holding (1) the circuit…

Justia Opinion Summary: Petitioner pleaded guilty to manslaughter in the first degree. Petitioner subsequently filed a motion to withdraw his guilty plea, which the circuit court denied. The Supreme Court affirmed the denial. Thereafter,…

Justia Opinion Summary: Atlas Hydraulics, Inc. constructed an addition to its manufacturing plant on the side of its existing building that abutted residential property owned by Sherri Strong. After years of enduring water flow from the Atlas…

Justia Opinion Summary: A.H. Meyer & Sons, Inc. produced honey and beeswax at a plant in Winfred, South Dakota. Barton Solvents, Inc. sold the heptane to A.H. Meyer that A.H. Meyer used in its beeswax rendering process. The heptane was…

Justia Opinion Summary: Dr. Rueben C. Setliff, III filed a derivative action against several Managers individually and in their capacities as members of the management committee of Black Hills Surgical Physicians, LLC (BHSP), alleging that the…

Justia Opinion Summary: Defendant was convicted of first-degree arson and first-degree felony murder for intentionally setting fire to an occupied structure, resulting in the death of an unidentified victim in the fire. Defendant was sentenced…

Justia Opinion Summary: Christine and Daniel Iiams were appointed as temporary guardians and conservators of two children. The Iiamses let their temporary guardianship and conservatorship lapse and agreed to the appointment of another couple as…

Justia Opinion Summary: Petitioner was found guilty of several sex-related crimes and sentenced to serve an aggregate sentence of 135 years. The Supreme Court affirmed the conviction on direct appeal. Petitioner subsequently applied for writ of…

Justia Opinion Summary: Appellant injured his lower back in 2007 while working for Employer. Employer denied further treatment that same year. Appellant filed a petition for hearing in 2009, alleging that he was entitled to medical benefits.…

Justia Opinion Summary: After a jury trial, Defendant was found guilty of driving or control of a vehicle while having 0.08 percent or more of alcohol in his blood. The offense was found to be a third offense DUI within a ten-year period, and…

Justia Opinion Summary: Defendant was charged with alternative counts of driving under the influence after being stopped for committing a traffic violation and having blood evidence seized from her without a warrant. Defendant filed a motion to…

Justia Opinion Summary: While Defendant was incarcerated, he killed a corrections officer. The circuit court sentenced Defendant to death for the murder. On appeal, the Supreme Court remanded Defendant’s death sentence, concluding that the…

Justia Opinion Summary: Eric Kolda, a City of Yankton police officer, was terminated for violating police department policies. The City terminated Kolda by delivery of a termination letter. Kolda appealed, and the city manager upheld Kolda’s…

Justia Opinion Summary: In 2002, East Side Lutheran Church contracted with NEXT, Inc. for construction of a new addition to its church and renovation to its existing structure. After the project was completed in 2003, East Side experienced a…

Justia Opinion Summary: Defendant was convicted of possession of a controlled substance and ingestion of a substance for the purpose of becoming intoxicated. The Supreme Court affirmed, holding (1) a plain reading of the statutes under which…

Justia Opinion Summary: After drinking heavily, Defendant opened the passenger door to his truck to get a cigarette. In doing so, Defendant inadvertently bumped the gear shift, causing it to pop into neutral. The truck then rolled into a parked…

Justia Opinion Summary: Kreisers Inc., a Subchapter S corporation, hired First Dakota Title to assist it with a like-kind property exchange in order to receive tax deferred benefits under 26 U.S.C. 1031. The like-kind exchange partially failed.…

Justia Opinion Summary: S.D. Codified Laws 53-9-6 prohibits parties from contractually limiting the statute of limitations except in the case of a “surety contract.” In this case, First Dakota National Bank purchased a financial institution…

Justia Opinion Summary: After Elliott defaulted on his mortgage GMAC Mortgage sued to foreclose. The circuit court granted GMAC summary judgment on his right to foreclose, finding (1) Freddie Mac was the owner of the promissory note (Note), and…

Justia Opinion Summary: Appellant pleaded guilty to driving under the influence and was later convicted and incarcerated for felony failure to appear arising from the driving under the influence conviction. Appellant filed a petition for writ…

Justia Opinion Summary: Shane Liebig testified that he and Edward Kirchoff orally agreed that Kirchoff would purchase real property and later convey it to Liebig on certain terms. When Kirchoff did not convey the property to Liebig, Liebig sued…

Justia Opinion Summary: Ella Richard died leaving a will naming her son, Kelly Ricard, as personal representative of the estate and the sole devisee. The circuit court entered an order for complete settlement declaring the will valid.…

Justia Opinion Summary: After a jury trial, Defendant was convicted of second degree murder and aggravated assault for the death of his son. The circuit court sentenced Defendant to life imprisonment for the second degree murder. The Supreme…

Justia Opinion Summary: After a jury trial, Appellant was convicted of the first-degree rape of a nine-year-old girl. Prior to trial, the State moved to partially close the courtroom during the victim’s testimony to everyone but the parties,…

Justia Opinion Summary: After a jury trial, Defendant was convicted of three counts of first-degree rape of a minor and twelve counts of possessing, manufacturing, or distributing child pornography. During the trial the trial court closed the…

Justia Opinion Summary: After highway patrol troopers stopped a vehicle, in which Defendant was a passenger, for a traffic infraction, the trooper smelled marijuana on the driver and in the vehicle. Defendant then admitted to the presence of…

Justia Opinion Summary: Defendant pleaded guilty to simple assault and aggravated assault. For aggravated assault, Defendant was sentenced to a thirteen-year penitentiary sentence, suspended on certain conditions. One of the conditions was that…

Justia Opinion Summary: During their marriage, Brian Shabino and Sandra Wichman borrowed money from Sandra’s mother, Mary Ann Wichman, to use as a down payment on the purchase of their home. When Sandra and Brian divorced in 2003, the divorce…

Justia Opinion Summary: The Moody County Board of Adjustment granted a conditional use permit (CUP) to allow Mustang Pass, LLC (Mustang) to construct a concentrated animal feeding operation in Moody County. Several citizens (Citizens)…

Justia Opinion Summary: Megan Ruschenberg, Jessica Cornelius, and Heather Rensch (collectively, Appellants) were employees at two businesses that sold adult movies, clothing, and other sexual products. Keith Johnson was a majority owner of the…

Justia Opinion Summary: An employee (Isack) was injured during the course and scope of his employment with his employer. Acuity, the employer’s workers’ compensation insurer, paid workers’ compensation benefits to Isack. Isack then retained…

Justia Opinion Summary: After a jury trial, Defendant was convicted of multiple counts of first degree rape, sexual contact with a child under the age of sixteen, and aggravated incest based on allegations that Defendant had sexually abused his…

Justia Opinion Summary: Employee was injured at work and underwent surgery. Employee’s health insurer covered the surgery’s costs at a discounted rate. After the Department of Labor found Employer liable for Employee’s condition Employer…

Justia Opinion Summary: Appellant was charged by information with driving under the influence (DUI). A supplemental information alleged that Appellant had been convicted of DUI in 2009. The State asserted that the prior DUI conviction enhanced…

Justia Opinion Summary: Joseph Burkett was arrested by Officer Justin Lux after the officer approached the Burkett’s vehicle, which was stopped in the middle of the road, and concluded that Burkett had been driving under the influence. A jury…

Justia Opinion Summary: After a jury trial, Defendant was found guilty of aggravated assault. On appeal, Defendant argued that the State’s peremptory strike of a Native American veniremember was racially motivated. The Supreme Court held that…

Justia Opinion Summary: John McNeil owned and operated J&J McNeil, LLC. While conducting work for the LLC, McNeil damaged his personal property. McNeil made an insurance claim against the LLC’s commercial general liability insurer, Dakota Fire…

Justia Opinion Summary: After a jury trial, Defendant was found guilty of three counts of distribution of a controlled drug or substance and three counts of possession of a controlled drug or substance. The Supreme Court affirmed the…

Justia Opinion Summary: This appeal concerned property located in Lincoln County that was unplatted and zoned for agricultural use. The property owner voluntarily petitioned for its annexation to the City of Sioux Falls. Sioux Falls…

Justia Opinion Summary: Ten-month-old Kimimila Win Sunny Sarah Iron Cloud (Kimi) died while being cared for Jolyn Erickson. Kelly Laughlin was present when Kimi died from positional asphyxiation in her car seat. Prudence Millea, as special…

Justia Opinion Summary: In 1980, Joseph and C. Elaine Lingscheit transferred 240 acres in fee simple to their seven children. In 2001, the Lingscheits executed a warranty deed conveying in fee simple 240 acres to their son, Brian. The 2001…

Justia Opinion Summary: While responding to an emergency, Tim Bauman, a volunteer firefighter for the Chester Fire Department, activated his hazard lights and sped toward the fire station. While crossing an intersection, Bauman’s vehicle…

Justia Opinion Summary: Paul Nelson Farm (“Appellee”) operated an all-inclusive hunting lodge in South Dakota. The Department of Revenue and Regulation conducted an audit on Appellee and determined that Appellee owed unpaid use tax on food,…

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated assault, discharge of a firearm at a car, and possession of a firearm by a prohibited person. The Supreme Court affirmed, holding (1) the circuit court did not…

Justia Opinion Summary: Border States Paving Company, Inc. was the prime contractor on a South Dakota Department of Transportation road construction project. Weatherton Contracting Company, Inc. entered into a subcontract with Border States to…

Justia Opinion Summary: Defendant, who was fifteen years old and a native Spanish speaker, was transported to the police department for questioning in connection with the death of Jasmine Guevara. During her questioning by police, Defendant…

Justia Opinion Summary: Amanda Pfuhl obtained a temporary protection order against her husband Jason. One month later, the circuit court continued the protection order for another month and appointed counsel, Tressa Kool, for the couple’s minor…

Justia Opinion Summary: After Earl Long died, Earl’s daughter, Brenda Chafin, challenged the validity of Earl’s estate plan, which included certain gifts and amendments to his trust. The circuit court concluded that Earl’s estate plan was…

Justia Opinion Summary: In 2012, Defendant was charged with driving under the influence of alcohol (DUI). A part II information alleged that Defendant had three prior DUI convictions within the last ten years, in 2003, 2004, and 2007. Defendant…

Justia Opinion Summary: Defendant pleaded guilty to grand theft by insufficient funds check. Defendant was subsequently sentenced to eight years in the penitentiary. Defendant appealed, arguing that the trial judge failed properly to advise him…

Justia Opinion Summary: In 2003, Appellants entered into a mortgage with Countrywide Home Loans that secured a promissory note in the amount of $165,750 and encumbered certain property. Plaintiffs later refinanced the loan by executing a…

Justia Opinion Summary: Belmont, Inc., a meat and produce business, leased unfinished commercial real estate space from Tri-City Associates, LP, the owner and developer of a shopping center. The parties later filed claims against each other for…

Justia Opinion Summary: Steven Thomas & Sons (T&S), LLC did excavation and soil compaction work for an addition to a school building in the Kimball School District. The School District was later informed that problems in the building caused by…

Justia Opinion Summary: In 1967, Severt Kvalheim conveyed certain real property to Gordon Holsti by warranty deed. Kvalheim reserved fifty percent of the mineral rights for himself. That same year, Kvalheim executed a will devising to each of…

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated grand theft by deception over $100,000 and sentenced to a term of twenty-five years. On appeal, Defendant argued that the trial court erred by refusing to grant…

Justia Opinion Summary: After a dispositional hearing, the circuit court terminated Father and Mother’s parental rights to their biological children, M.S., age two, and K.S., age one. Father’s and Mother’s history up until this time included…

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pled guilty to fourth offense driving under the influence. During a sentencing hearing, the circuit court found the existence of aggravating circumstances and sentenced Defendant…

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree burglary and obstructing a law enforcement officer. The Supreme Court affirmed, holding (1) obstructing law enforcement is an appropriate predicate offense to…

Justia Opinion Summary: Jonathan Quinn and his family were residential tenants of Barker & Little, Inc., when Quinn’s daughter was diagnosed with lead poisoning, Quinn sued Barker & Little for the injuries his daughter sustained from the high…

Justia Opinion Summary: In 2012, a grand jury indicted Defendant for a DUI offense and for obstructing a public officer. A Part II Information was subsequently filed alleging that Defendant had been convicted of two prior DUI offenses.…

Justia Opinion Summary: Shannon Flowers filed an application for writ of habeas corpus, which the trial court denied. More than thirty days after the circuit court’s denial, Flowers filed a motion for issuance of certificate of probable cause.…

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded guilty to simple assault under S.D. Codified Laws 22-18-1(4). The caption of the information included the words “domestic abuse,” but Defendant did not challenge whether…

Justia Opinion Summary: Dora Gaaskjolen was an eighty-seven year-old widow who suffered from a traumatic head injury and other physical ailments. Dora’s grandson, Shane, an attorney, filed a petition for appointment of temporary conservator,…

Justia Opinion Summary: At issue in this appeal was a continuing dispute between Appellants, David and Connie Finneman and Rock Creek Farms Partnership (RCF), and Ann Arnoldy concerning the ownership of 16,700 acres of farmland. After a series…

Justia Opinion Summary: A federal court issued an arrest warrant for Christopher Yellow Eagle, whose warrant was referred to a task force that included federal and county law enforcement officers. The task force officers learned Yellow Eagle…

Justia Opinion Summary: After a jury trial, Defendant was found guilty of eight counts of making false or fraudulent sales tax returns. On appeal, Defendant argued that the circuit court erred in (1) denying his Batson challenges to three…

Justia Opinion Summary: Appellant submitted an application for a writ of mandamus asking the circuit court to compel Secretary of State Jason Gant to investigate the nominating petitions for Republic candidate Brian Gosh for the November 2012…

Justia Opinion Summary: Plaintiff sued Defendant for specific performance of Plaintiff’s option to purchase a ranch owned by Defendant. Defendant counterclaimed, alleging that Plaintiff owed him rent. After a trial, the circuit court (1) denied…

Justia Opinion Summary: In 2001, Plaintiff, a Honduran national, pleaded guilty to a felony in South Dakota and received a four-year suspended sentence. In 2013, Plaintiff filed a petition for a writ of error coram nobis seeking to vacate his…

Justia Opinion Summary: After a jury trial, Defendant was convicted of possessing and distributing synthetic marijuana. At trial, Defendant’s defense was that he mistakenly believed that the products had no illicit substances in them. On the…

Justia Opinion Summary: Defendant pleaded guilty to several offenses, including first-degree felony murder. Defendant was sentenced to death on the murder charge. The Supreme Court affirmed Defendant’s conviction and sentence. Defendant…

Justia Opinion Summary: Plaintiffs brought a breach of contract action against H&S Builders, Inc. and retained Defendants to defend them in the lawsuit. Plaintiffs fired Defendants during the proceedings and hired a new attorney to assist them.…