South Dakota Supreme Court Decisions 2017

State v. Kihega  
Date: September 20, 2017
Citation: 2017 S.D. 58
Docket Number: 27673

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of first-degree robbery and possession of a firearm by a convicted felon. Contrary to Defendant’s arguments on appeal, the court held (1) the State’s evidence was suffic...

State v. Jones  
Date: September 20, 2017
Citation: 2017 S.D. 59
Docket Number: 27739

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the denial of the circuit court’s motion to suppress the evidence obtained after law enforcement officers executed a search warrant for Defendant’s home and arreste...

State v. Gaters  
Date: September 20, 2017
Citation: 2017 S.D. 60
Docket Number: 27857

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Defendant’s motion to suppress evidence discovered after police officers executed a search warrant at Defendant’s home. During the search, officers found marijuana...

Argus Leader Media v. Hogstad  
Date: September 20, 2017
Citation: 2017 S.D. 57
Docket Number: 27903

Justia Opinion Summary: The Supreme Court reversed the circuit court’s determination that a confidential settlement agreement entered into between the City of Sioux Falls and several contractors that built the Denny Sanford Premier Center in Si...

State v. Shelton  
Date: September 13, 2017
Citation: 2017 S.D. 55
Docket Number: 28016

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of fourth-degree rape, holding that the circuit court had jurisdiction to enter the judgment even where Defendant did not receive a preliminary hearing after the State fi...

Harlan v. Frawley Ranches Planned Unit Development Homeowners Ass’n  
Date: September 13, 2017
Citation: 2017 S.D. 54
Docket Number: 28027

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the circuit court’s judgment denying Landowners’ claims seeking to quiet title to their property and seeking a declaration that a certificate of renewal and amendme...

State v. Wayfair Inc.  
Date: September 13, 2017
Citation: 2017 S.D. 56
Docket Number: 28160

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting summary judgment for certain Internet sellers (Sellers) and enjoining the State from enforcing 2016 legislation extending the obligation to collect an...

Lowery Construction & Concrete, LLC v. Owners Insurance Co.  
Date: August 30, 2017
Citation: 2017 S.D. 53
Docket Number: 27946

Justia Opinion Summary: The Supreme Court reversed the circuit court’s determination that Owners Insurance Company did not have a duty to defend Lowery Construction & Concrete, LLC in an action filed by homeowners Tony and Stephanie Hague. The...

Surat Farms, LLC v. Brule County Board of Commissioners  
Date: August 30, 2017
Citation: 2017 S.D. 52
Docket Number: 27966

Justia Opinion Summary: The Supreme Court affirmed the decision of the Brule County Board of Commissioners finding that Surat Farms LLC impermissibly altered an intermittent watercourse. Upon Albert Delany’s filing of a drainage complaint with...

Owners Insurance Co. v. Tibke Construction, Inc.  
Date: August 23, 2017
Citation: 2017 S.D. 51
Docket Number: 27932

Justia Opinion Summary: In this insurance coverage dispute, the Supreme Court affirmed the denial of summary judgment in favor of Insurer but reversed the denial of summary judgment in favor of General Contractor. Homeowners sued General Contra...

State Department of Game, Fish & Parks v. Troy Township  
Date: August 16, 2017
Citation: 2017 S.D. 50
Docket Number: 27981

Justia Opinion Summary: The Department of Game, Fish, and Parks appealed the administrative actions of Troy, Valley, and Butler Townships’ respective boards of supervisors that vacated portions of several section-line highways in Day County, ar...

Hoffman v. Van Wyk  
Date: August 9, 2017
Citation: 2017 S.D. 48
Docket Number: 27977

Justia Opinion Summary: This case concerned the Douglas County Planning and Zoning Administrator’s grant of a building permit for a hog confinement unit. Landowners applied for a writ of mandamus compelling the Administrator and the Douglas Cou...

Rumpza v. Zubke  
Date: August 9, 2017
Citation: 2017 S.D. 49
Docket Number: 28052

Justia Opinion Summary: The case involved drainage issues between adjoining landowners. Robert and Nancy Rumpza and Zubke Brothers LLC (Brothers) brought this action against David and Marilyn Zubke seeking an injunction and damages. They allege...

State v. Kiir  
Date: August 2, 2017
Citation: 2017 S.D. 47
Docket Number: 27703

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for eight offenses, rendered after a jury trial. The court held (1) the circuit court did not err in admitting certain out-of-court statements as res gestate evidence; (...

Brude v. Breen  
Date: August 2, 2017
Citation: 2017 S.D. 46
Docket Number: 28064

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court granting summary judgment in favor of Defendant on Plaintiff’s claim alleging negligence in constructing a retaining wall from which Plaintiff suffered an inju...

Nicolay v. Stukel  
Date: July 26, 2017
Citation: 2017 S.D. 45
Docket Number: 27813

Justia Opinion Summary: The Supreme Court affirmed a jury verdict in favor of defendant David Stukel and reversed the circuit court’s decision requiring Stukel to pay a portion of the fee for an expert witness called by plaintiff Mervin Nicolay...

In re LAC Minerals (USA), LLC’s Petitioner for Release of Reclamation Liability  
Date: July 26, 2017
Citation: 2017 S.D. 44
Docket Number: 28020

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the circuit court’s affirmance of the Board of Minerals and Environment’s determination that it had subject matter jurisdiction over a petition regarding mine permi...

State v. Bosworth  
Date: July 19, 2017
Citation: 2017 S.D. 43
Docket Number: 27510

Justia Opinion Summary: The Supreme Court vacated Defendant’s convictions for six counts of perjury but affirmed her convictions for six counts of offering false or forged instruments for filing. The convictions stemmed from Defendant’s act of...

Standard Fire Insurance Co. v. Continental Resources, Inc.  
Date: June 28, 2017
Citation: 2017 S.D. 41
Docket Number: 27794

Justia Opinion Summary: The Supreme Court reversed the circuit court’s dismissal of Standard Fire Insurance Co.’s case against Continental Resources Inc. pursuant to S.D. Codified Laws 15-6-12(b)(5). Standard Fire brought suit seeking statutory...

Ivey & Kornmann v. Welk  
Date: June 28, 2017
Citation: 2017 S.D. 42
Docket Number: 27973

Justia Opinion Summary: The Supreme Court reversed the circuit court’s grant of summary judgment in favor of Ivey and Kornmann, a partnership, on the Partnership’s action brought against William Welk to collect on a debt, holding that the circu...

In re Elizabeth A. Briggs Revocable Living Trust  
Date: June 28, 2017
Citation: 2017 S.D. 40
Docket Number: 28017

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s dismissal of Son’s action to invalidate amendments to Settlor’s revocable trust to expressly disinherit Son as well as the dismissal of Son’s breach of fiduciary duty claim...

In re A.K.A.-C.  
Date: June 21, 2017
Citation: 2017 S.D. 38
Docket Number: 27514

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s termination of her parental rights to Child. Specifically, the court held (1) the circuit court’s interpretation of S.D. Codified Laws 16-22-6 did not result in the court re...

Parker v. Parker  
Date: June 21, 2017
Citation: 2017 S.D. 37
Docket Number: 27819

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s issuance of protection orders in favor of Abigail Parker against both her husband Jordan Parker and Jordan’s sister, Jasmyn Bauer. The court (1) the court did not err in gra...

Larson v. Krebs  
Date: June 21, 2017
Citation: 2017 S.D. 39
Docket Number: 27956

Justia Opinion Summary: Prior to the 2016 general election, Theresa Maule Rossow filed a nominating petition to seek election as state’s attorney in Brule County and then Lyman County. Dedrich Koch filed a separate nominating petition seeking e...

Estate of Johnson v. Weber  
Date: June 14, 2017
Citation: 2017 S.D. 36
Docket Number: 27792

Justia Opinion Summary: Ronald Johnson, a South Dakota State Penitentiary correctional officer, was murdered by two inmates during an escape attempt. Lynette Johnson, individually and on behalf of Ronald’s Estate (collectively, Johnson) sued th...

Oxton v. Rudland  
Date: June 14, 2017
Citation: 2017 S.D. 35
Docket Number: 28070

Justia Opinion Summary: Buyers and Sellers entered into a contract for deed of property. The contract for deed indicated that Buyers were purchasing the home “as is” and that neither party made any representations or warranties except those mad...

State v. Goodshot  
Date: June 7, 2017
Citation: 2017 S.D. 33
Docket Number: 27843

Justia Opinion Summary: Defendant was convicted of several offenses charged in two indictments. The circuit court granted the State’s motion to join both indictments for trial. After a trial, Defendant was convicted of all offenses. Defendant a...

State v. Talla  
Date: June 7, 2017
Citation: 2017 S.D. 34
Docket Number: 28031

Justia Opinion Summary: Defendant was convicted of one count of first-degree manslaughter and received a sentence of life imprisonment. Defendant appealed his sentence, arguing that the circuit court abused its discretion in light of other sent...

State v. Stanley  
Date: May 31, 2017
Citation: 2017 S.D. 32
Docket Number: 27911

Justia Opinion Summary: Defendant was convicted of possessing cocaine and sentenced to imprisonment for five years, fully suspended on conditions. The Supreme Court affirmed, holding (1) Defendant’s Fourth Amendment rights were not violated whe...

In re Interest of A.O.  
Date: May 24, 2017
Citation: 2017 S.D. 30
Docket Number: 27864

Justia Opinion Summary: After discovering methamphetamine and drug paraphernalia in the home of Mother, Mother’s three children were removed from the home. The State initiated abuse and neglect proceedings against Mother, an enrolled member of...

State v. Linson  
Date: May 24, 2017
Citation: 2017 S.D. 31
Docket Number: 27962

Justia Opinion Summary: Appellant appealed his conviction of five counts of possessing child pornography. Appellant argued (1) there was insufficient evidence to prove that he knowingly possessed child pornography; (2) S.D. Codified Laws 22-24A...

Asper v. Nelson  
Date: May 24, 2017
Citation: 2017 S.D. 29
Docket Number: 28006

Justia Opinion Summary: Two township residents appealed the circuit court’s denial of their request that the court issue a writ of mandamus compelling the township to repair and maintain two secondary roads. The court concluded that the townshi...

Legendary Loan Link, Inc. v. Larson  
Date: May 17, 2017
Citation: 2017 S.D. 25
Docket Number: 27908

Justia Opinion Summary: Legendary Loan Link, Inc. filed suit against Todd Larson on a promissory note that was secured by certain property. Judge Robert Timm granted partial summary for Legendary Loan. Judge Timm subsequently retired, and the c...

Red Bear v. SESDAC, Inc.  
Date: May 17, 2017
Citation: 2017 S.D. 27
Docket Number: 27930

Justia Opinion Summary: Plaintiff, as the administrator of her brother’s estate, sued the owners of the group home where her brother resided, alleging that Defendants (1) negligently failed to provide her brother medical care in a timely manner...

Doremus v. Morrow  
Date: May 17, 2017
Citation: 2017 S.D. 26
Docket Number: 27978

Justia Opinion Summary: The circuit court granted Plaintiff’s petition requesting a stalking protection order against Defendant after conducting an evidentiary hearing. The Supreme Court affirmed, holding (1) the circuit court’s findings suffic...

State v. Lee  
Date: May 17, 2017
Citation: 2017 S.D. 28
Docket Number: 27984

Justia Opinion Summary: A law enforcement officer need not have independent authority to make an arrest under S.D. Codified Laws 23A-3-2 before taking a person placed under a citizen’s arrest into custody and performing a search incident to tha...

State v. Duncan  
Date: May 10, 2017
Citation: 2017 S.D. 24
Docket Number: 27909

Justia Opinion Summary: Defendant appealed his conviction for driving under the influence and following too closely, rendered after a jury trial. Defendant argued that the circuit court erred when it denied his motion to dismiss for the State’s...

State v. Stokes  
Date: May 3, 2017
Citation: 2017 S.D. 21
Docket Number: 27838

Justia Opinion Summary: The Supreme Court reversed Defendant’s convictions of simple assault and intentional damage to property, holding that the circuit court erred as a matter of law in admitting purported business records - Verizon’s log of...

State v. Spaniol  
Date: May 3, 2017
Citation: 2017 S.D. 20
Docket Number: 27877

Justia Opinion Summary: Defendant appealed his convictions, entered after a jury trial, of three counts of first-degree rape and one count of sexual contact with a child under sixteen years of age. The child was Defendant’s four-year-old daught...

Mauricio v. Daugaard  
Date: May 3, 2017
Citation: 2017 S.D. 22
Docket Number: 27931

Justia Opinion Summary: The Supreme Court held that the circuit court did not err in concluding that the Smarter Balanced Assessment Consortium (SBAC), an educational consortium to which the State is a member, does not need congressional approv...

Purcell v. Begnaud  
Date: May 3, 2017
Citation: 2017 S.D. 23
Docket Number: 27940

Justia Opinion Summary: The Supreme Court reversed the circuit court’s imposition of a three-year protection order barring Gregory Begnaud from all contact with his two minor children, concluding that the order was not statutorily authorized be...

Howard v. Bennett  
Date: April 19, 2017
Citation: 2017 S.D. 17
Docket Number: 27851

Justia Opinion Summary: Raymond Bennett, who was intoxicated and driving his motorcycle, entered a curve at a high rate of speed and drove into a ditch. He was killed in the accident. Several Highway Patrol troopers soon arrived to manage the s...

State v. Jensen  
Date: April 19, 2017
Citation: 2017 S.D. 18
Docket Number: 27917

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder and kidnapping. Defendant received concurrent, mandatory life sentences for the convictions. Defendant was fourteen years old when he committed the offen...

State v. Clark  
Date: April 19, 2017
Citation: 2017 S.D. 19
Docket Number: 27925

Justia Opinion Summary: In 2009, Defendant was convicted of aggravated criminal sexual abuse in Illinois. After he moved to South Dakota, Defendant was indicted on two charges of violating S.D. Codified Laws 22-24B-12, which requires registered...

State v. Krause  
Date: April 12, 2017
Citation: 2017 S.D. 16
Docket Numbers: 27628, 27629

Justia Opinion Summary: Twin brothers Ryan Alan Krause and Brian Michael Krause pleaded guilty to separate complaints alleging grand theft and four counts of unlawfully using a computer. The circuit court sentenced each of the Krauses to four y...

State v. Hopkins  
Date: April 12, 2017
Citation: 2017 S.D. 13
Docket Number: 27886

Justia Opinion Summary: After a court trial, Defendant was found guilty of driving with a .08 percent blood alcohol content. Defendant also pleaded guilty to a part II information alleging that this was his second driving under the influence of...

In re Estate of Finch  
Date: April 12, 2017
Citation: 2017 S.D. 15
Docket Number: 27906

Justia Opinion Summary: In this appeal from the settlement of the estate of Fred Finch, Dean Anderson, a beneficiary, challenged the award of expenses, disbursements, and attorney’s fees to the personal representative, Coral Headrick. Specifica...

State v. Bingham  
Date: April 12, 2017
Citation: 2017 S.D. 14
Docket Number: 27918

Justia Opinion Summary: Defendant pleaded guilty to sexual contact with a child under the age of sixteen. The circuit court sentenced Defendant to the mandatory minimum sentence of ten years’ imprisonment. Defendant appealed, asking that the Su...

State v. Stanage  
Date: April 5, 2017
Citation: 2017 S.D. 12
Docket Number: 27769

Justia Opinion Summary: Defendant was convicted of driving under the influence. Defendant appealed, arguing that the trial court erred in denying his motion to suppress evidence resulting from a traffic stop, including the results of a blood te...

State v. Charles  
Date: March 29, 2017
Citation: 2017 S.D. 10
Docket Number: 27691

Justia Opinion Summary: Defendant was convicted of first-degree murder and received a mandatory sentence of life in prison. Defendant was fourteen years old when he committed the offense. After the United States Supreme Court issued Miller v. A...

Charlson v. Charlson  
Date: March 29, 2017
Citation: 2017 S.D. 11
Docket Number: 27943

Justia Opinion Summary: Prior to their marriage in 1993, Wife and Husband entered into a pre-marriage agreement (PMA) listing their assets and liabilities. In 2012, Husband sued Wife for divorce in Minnesota. The Minnesota court determined that...

In re Estate of Bronson  
Date: March 22, 2017
Citation: 2017 S.D. 9
Docket Number: 27919

Justia Opinion Summary: In 2003, Lester Bronson executed a power of attorney appointing Leslie “Butch” Bronson - his son - as his attorney-in-fact. In 2010, Lester informed his bank that he wished to add Butch as a joint owner on one of Lester’...

Duerre v. Hepler  
Date: March 15, 2017
Citation: 2017 S.D. 8
Docket Number: 27885

Justia Opinion Summary: Landowners in Day County filed a lawsuit against the South Dakota Department of Game, Fish and Parks (GF&P), Secretary Jeffrey Vonk, the State, and certain unnamed defendants who have used or intend to use the waters and...

Edgar v. Mills  
Date: March 15, 2017
Citation: 2017 S.D. 7
Docket Number: 27891

Justia Opinion Summary: Thomas and Elizabeth Edgar entered into a lease agreement with Boyd and Merlyn Mills concerning land in Faulk County. Under the belief that he had an option to purchase the real estate at the conclusion of the lease term...

State v. Kline  
Date: March 8, 2017
Citation: 2017 S.D. 6
Docket Number: 27916

Justia Opinion Summary: Sueellan Kline and her boyfriend, Douglas Strong, a parolee, lived together in a motel room. Parole agent Connie Johnson went to the motel room to obtain a urine sample from Strong. When Strong’s urine field-tested posit...

Adolph v. Grant County Board of Adjustment  
Date: March 1, 2017
Citation: 2017 S.D. 5
Docket Number: 27884

Justia Opinion Summary: Dustin Nelson filed an application for a conditional-use permit to construct and operate a concentrated animal-feeding operation in Grant County. The Grant County Board of Adjustment voted to approve the application. Ger...

Knigge v. B & L Food Stores, Inc.  
Date: February 1, 2017
Citation: 2017 S.D. 4
Docket Number: 27807

Justia Opinion Summary: David Knigge entered into an oral employment contract with Robert Knigge, who had cancer and a limited time to live, to manage a grocery store that was owned by Robert and his wife, Lynette. David alleged that the contra...

State v. Underwood  
Date: January 25, 2017
Citation: 2017 S.D. 3
Docket Number: 27768

Justia Opinion Summary: Defendant pleaded guilty to one count of possessing a controlled substance. The circuit court departed from a presumptive sentence of probation and sentenced Defendant to four years in prison. Defendant appealed, arguing...

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...

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