South Dakota Supreme Court Decisions
In addition to reviewing appeals of decisions by lower courts, the South Dakota Supreme Court may advise the Governor of South Dakota on their executive powers. It also manages the South Dakota Unified Judicial System, which involves creating a budget and overseeing state trial courts. The Supreme Court has the responsibility to develop procedures and practices for the legal profession in the state, including rules for the conduct of attorneys and the administration of courts. A Stanford University study in 2012 found that it is the most conservative state supreme court in the U.S.
Five justices serve on the South Dakota Supreme Court. Each justice serves an eight-year term. To serve as a justice, a candidate must be a U.S. citizen and a resident of South Dakota, as well as a voting resident in the judicial district that they seek to represent on the Court. A candidate also must be licensed to practice law in the state. South Dakota is divided into five appointment districts, each of which is represented by one justice. After the South Dakota Judicial Qualifications Commission develops a list of nominees for a vacancy, the Governor will appoint the new justice. Once a justice has been appointed, they must go through a retention election three years later to serve the rest of their term. The Chief Justice is elected to serve a four-year term by a vote of the other justices.
South Dakota imposes a mandatory retirement age of 70 on its judges. A justice also may be removed from the South Dakota Supreme Court if they are impeached by a majority vote of the South Dakota House of Representatives and convicted by a majority vote of the South Dakota Senate. Alternatively, a justice may be removed or retired by the other justices on the Supreme Court if the Judicial Qualifications Commission recommends taking this step.
- 2024 (24)
- 2023 (71)
- 2022 (81)
- 2021 (69)
- 2020 (73)
- 2019 (66)
- 2018 (88)
- 2017 (94)
- 2016 (95)
- 2015 (102)
- 2014 (100)
- 2013 (98)
- 2012 (91)
- 2011 (96)
- 2010 (105)
- 2009 (111)
- 2008 (131)
- 2007 (134)
- 2006 (112)
- 2005 (127)
- 2004 (138)
- 2003 (154)
- 2002 (163)
- 2001 (150)
- 2000 (160)
- 1999 (165)
- 1998 (130)
- 1997 (138)
- 1996 (147)
- 1995 (129)
- 1994 (173)
- 1993 (143)
- 1992 (139)
- 1991 (164)
- 1990 (160)
- 1989 (177)
- 1988 (166)
- 1987 (186)
- 1986 (181)
- 1985 (197)
- 1984 (174)
- 1983 (185)
- 1982 (185)
- 1981 (156)
- 1980 (202)
- 1979 (146)
- 1978 (179)
- 1977 (89)
- 1976 (116)
- 1975 (104)
- 1974 (68)
- 1973 (67)
- 1972 (79)
- 1971 (54)
- 1970 (76)
- 1969 (65)
- 1968 (68)
- 1967 (44)
- 1966 (57)
- 1965 (56)
- 1964 (51)
- 1963 (50)
- 1962 (43)
- 1961 (52)
- 1960 (59)
- 1959 (40)
- 1958 (41)
- 1957 (45)
- 1956 (42)
- 1955 (49)
- 1954 (42)
- 1953 (43)
- 1952 (48)
- 1951 (37)
- 1950 (42)
Recent Decisions From the South Dakota Supreme Court
Date: April 24, 2024
Citation: LLC v. PLAINS TOWING & RECOVERY, LLC, 2024 S.D. 24
Docket Number: 30395
Justia Opinion Summary: The case involves Scotlynn Transport, LLC and Plains Towing and Recovery, LLC, disputing the ownership of a semi-tractor. The semi-tractor, owned by Scotlynn, was involved in an accident and subsequently towed by Plains…
Date: April 17, 2024
Citation: 2024 S.D. 22
Docket Number: 30146
Justia Opinion Summary: In October 2019, Max Bolden shot and killed Benjamin Donahue outside a club in Sioux Falls, South Dakota. Bolden was indicted for first-degree murder, second-degree murder, and possession of a firearm by a convicted…
Date: April 17, 2024
Citation: 2024 S.D. 23
Docket Number: 30194
Justia Opinion Summary: The case revolves around a dispute over the estate of Neil Smeenk. Denise Schipke-Smeenk, Neil's wife, and Ryan Smeenk, Neil's son, are the parties involved. Denise and Neil had executed mutual and reciprocal wills in…
Date: April 10, 2024
Citation: 2024 S.D. 20
Docket Number: 30166
Justia Opinion Summary: The case involves a dispute over the will of Dennis Schmeling, who left his farmland to his sister-in-law, Sharon, in his 2021 will. Two of Dennis's brothers and one nephew contested the will, alleging undue influence by…
Date: April 10, 2024
Citation: 2024 S.D. 21
Docket Number: 30308
Justia Opinion Summary: Tristen Simonsen was convicted on two counts of solicitation of a minor, one count of sexual contact with a minor under the age of sixteen, and one count of rape in the fourth degree. The court did not specify during…
Date: April 10, 2024
Citation: 2024 S.D. 19
Docket Number: 30314
Justia Opinion Summary: Lonnie Reidburn, a self-employed insurance agent, appealed a decision by the South Dakota Department of Labor, Reemployment Assistance Division (Department) that he must repay $24,690 in pandemic unemployment benefits he…
Date: April 3, 2024
Citation: 2024 S.D. 16
Docket Number: 30013
Justia Opinion Summary: Matthew Feucht was found guilty of possession of a controlled substance and was sentenced to nine years in prison with four years suspended. The case arose when Feucht's daughter discovered bags of marijuana in their…
Date: April 3, 2024
Citation: 2024 S.D. 18
Docket Number: 30028
Justia Opinion Summary: The case involves Keaton Van Der Weide, who was accused of raping S.O., his on-and-off partner and mother of his child. S.O. alleged that Van Der Weide sexually assaulted her after she returned home from a night out,…
Date: April 3, 2024
Citation: 2024 S.D. 17
Docket Number: 30106
Justia Opinion Summary: Paul Trueblood was charged with multiple offenses, including second-degree rape, following a sexual encounter with D.B.L. After a mistrial due to D.B.L. contracting COVID-19, the State presented additional evidence to a…
Date: March 13, 2024
Citation: 2024 S.D. 15
Docket Number: 29993
Justia Opinion Summary: In South Dakota, Adil Osman was suspected of driving under the influence and leaving the scene of an accident. He was identified by two witnesses through a show-up identification procedure. The witnesses saw a man near a…
Date: March 6, 2024
Citation: 2024 S.D. 14
Docket Number: 29978
Justia Opinion Summary: In South Dakota, defendant Tashina Abraham-Medved was charged with unauthorized ingestion of a controlled substance. After pleading guilty, her attorney requested to withdraw from the case due to a "serious breakdown of…
Date: February 28, 2024
Citation: 2024 S.D. 13
Docket Number: 30289
Justia Opinion Summary: In South Dakota, Kenneth Leroy Kurtz pleaded guilty to possession of a controlled substance. The circuit court determined there were aggravating circumstances that justified a departure from the presumptive probation…
Date: February 21, 2024
Citation: 2024 S.D. 12
Docket Number: 29952
Justia Opinion Summary: The Supreme Court of South Dakota heard the case of Steven Foshay, who was deemed incompetent to stand trial on four criminal charges in 2017. He was committed to a state facility for competency restoration treatment,…
Date: February 9, 2024
Citation: 2024 S.D. 11
Docket Number: 30488
Date: February 7, 2024
Citation: LLC, 2024 S.D. 7
Docket Number: 29851
Justia Opinion Summary: In South Dakota, Emily Bialota sought to gain title to a property previously owned by Lakota Lakes, LLC, which was sold at a tax sale due to unpaid property taxes. Bialota argued that she had properly served Lakota Lakes…
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
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