South Dakota Supreme Court Decisions 2013

Pieper v. Pieper  
Date: December 23, 2013
Citation: 2013 S.D. 98
Docket Number: 26576

Justia Opinion Summary: When Mother and Father divorced, Mother alleged that Father sexually abused one of the parties’ two children. The circuit court granted sole physical custody of the children to Mother and granted Father supervised visita...

State v. Riley  
Date: December 18, 2013
Citation: 2013 S.D. 95
Docket Number: 26354

Justia Opinion Summary: After a jury trial, Defendant was convicted of possessing child pornography and sentenced to eight years incarceration. Defendant appealed, arguing that the evidence was insufficient to support his conviction. At issue o...

State v. Mohr  
Date: December 18, 2013
Citation: 2013 S.D. 94
Docket Number: 26579

Justia Opinion Summary: After a jury-waived trial, Defendant was convicted of possession of a controlled substance, possession of drug paraphernalia, and obstructing a law enforcement officer. Defendant appealed, arguing that the trial court er...

State v. Buchholtz  
Date: December 18, 2013
Citation: 2013 S.D. 96
Docket Number: 26623

Justia Opinion Summary: After a jury trial, Defendant was convicted of several sex-related crimes, all involving one particular child victim. The Supreme Court affirmed in part, reversed in part, and remanded for a new trial, holding that the t...

In re Adoption of Z.N.F.  
Date: December 18, 2013
Citation: 2013 S.D. 97
Docket Number: 26656

Justia Opinion Summary: Mother and Father divorced in Oregon in 2008, and the Oregon court granted Mother sole legal and physical custody of the parties' child. Although Father was granted supervised visitation at least once a month, Father vis...

IN RE APPLICATION OF HENRY
Date: December 18, 2013
Citation: 2013 S.D. 93
Docket Number: 26659
Davis v. Weber  
Date: December 11, 2013
Citation: 2013 S.D. 88
Docket Number: 26483

Justia Opinion Summary: In 2002, Petitioner, an inmate serving a fifteen-year sentence, pleaded guilty to possession of an unauthorized article by an inmate. Petitioner did not file a direct appeal. In 2010, Petitioner filed a petition for writ...

Niesche v. Wilkinson  
Date: December 11, 2013
Citation: 2013 S.D. 90
Docket Number: 26641

Justia Opinion Summary: After Mary Lou Fox died, Plaintiff, Mary Lou's daughter and the administratrix of Mary Lou's estate, sued Mary Lou's former husband, Robert Fox. Plaintiff alleged that Mary Lou jointly owned 960 acres of farmland with Ro...

Hewitt v. Felderman  
Date: December 11, 2013
Citation: 2013 S.D. 91
Docket Number: 26660

Justia Opinion Summary: Peggy Hewitt was involved in two separate rear-end collisions. In the first accident, in 2007, Hewitt was injured after her vehicle was rear-ended at a stop sign by Dwight Berens. In the second accident, in 2008, while H...

Colburn v. Hartshorn  
Date: December 11, 2013
Citation: 2013 S.D. 92
Docket Number: 26697

Justia Opinion Summary: Christine and David Colburn leased property from Robert Hartshorn and agreed to care for Hartshorn's cattle. Neither the terms of the cattle care agreement or the lease agreement were reduced to writing. After a dispute,...

In re Sunray Holdings Trust  
Date: December 11, 2013
Citation: 2013 S.D. 89
Docket Number: 26722

Justia Opinion Summary: Lester and Harriet Shoup created an inter vivos trust. After Lester and Harriet died, the couple's only children, Gregory and Larry Shoup, filed a motion to terminate the trust. Gregory and Larry argued that the trust ha...

Thompson v. Weber  
Date: December 4, 2013
Citation: 2013 S.D. 87
Docket Number: 26345

Justia Opinion Summary: After a jury trial in 1995, Petitioner was convicted of child rape, sexual contact, disseminating harmful material to minors, and indecent exposure. Petitioner was acquitted in the same trial of raping two other children...

Springer v. Cahoy  
Date: December 4, 2013
Citation: 2013 S.D. 86
Docket Number: 26583

Justia Opinion Summary: Plaintiffs, who owned a landlocked parcel of land, brought suit against Defendant, claiming they had an implied easement over Defendant's land. The circuit court granted judgment for Plaintiffs, concluding that an easeme...

Trumm v. Cleaver  
Date: December 4, 2013
Citation: 2013 S.D. 85
Docket Number: 26662

Justia Opinion Summary: Plaintiff petitioned for a domestic abuse protection order against Defendant pursuant to S.D. Codified Laws chapter 25-10, arguing that Defendant's conduct constituted stalking under S.D. Codified Laws 22-19A-1 and that...

State v. Yuel  
Date: November 26, 2013
Citation: 2013 S.D. 84
Docket Number: 26340

Justia Opinion Summary: After a jury trial, Appellant was convicted of driving under the influence of alcohol (DUI) and driving while having a 0.08 percent or more by weight of alcohol in the blood. Appellant appealed in part the trial court's...

Bridgman v. Koch  
Date: November 26, 2013
Citation: 2013 S.D. 83
Docket Number: 26715

Justia Opinion Summary: Plaintiff, the former Jerauld County State's Attorney, brought a quo warranto action seeking to oust Defendant, the newly-elected State's Attorney, claiming Defendant did not qualify for and was not entitled to the offic...

Schuelke v. Belle Fourche Irrigation Dist.  
Date: November 26, 2013
Citation: 2013 S.D. 82
Docket Number: 26717

Justia Opinion Summary: Appellant suffered work-related injuries in 2000 and received workers' compensation benefits until 2004. Appellant filed another first report of injury in 2009 based on the same injuries. Employer denied benefits. Appell...

Lewis v. Sanford Med. Ctr.  
Date: November 20, 2013
Citation: 2013 S.D. 80
Docket Number: 26441

Justia Opinion Summary: Plaintiff sued Defendant, a medical facility, for medical malpractice after a surgery on Plaintiff that was aborted. After a trial, the jury returned a verdict in favor of Defendant, finding that Plaintiff did not suffer...

Brosnan v. Brosnan  
Date: November 20, 2013
Citation: 2013 S.D. 81
Docket Number: 26494

Justia Opinion Summary: Jesse and Elizabeth, who were married with two children, were divorced in 2009. The divorce decree awarded primary physical custody of the children to Elizabeth and granted visitation to Jesse. After Elizabeth remarried...

State v. Smith  
Date: November 13, 2013
Citation: 2013 S.D. 79
Docket Number: 26572

Justia Opinion Summary: Defendant was charged with driving under the influence of alcohol (DUI). A part two information alleged that Defendant had two previous DUI convictions within the last ten years, including one in 2011. Defendant filed a...

State v. Heney  
Date: October 30, 2013
Citation: 2013 S.D. 77
Docket Number: 26624

Justia Opinion Summary: Defendant was charged with possession of cocaine, possession of marijuana, and ingestion of marijuana. Defendant moved to suppress the evidence as the fruit of an illegal search of his hotel room. The trial court granted...

Waterman v. Morningside Manor  
Date: October 30, 2013
Citation: 2013 S.D. 78
Docket Number: 26631

Justia Opinion Summary: Appellant was injured in 2008 while working for Employer. In 2010, Appellant received an injury she believed was a "flare-up" from the earlier injury. Appellant subsequently petitioned the Department of Labor for benefit...

Nielsen v. Logs Unlimited, Inc.  
Date: October 23, 2013
Citation: 2013 S.D. 76
Docket Number: 26581

Justia Opinion Summary: After Plaintiff obtained a judgment against Logs Unlimited, Inc., the corporation transferred its assets to Thomas Schramel, Schramel's daughter, and another corporation. Schramel was the sole shareholder, director, and...

Fast Horse v. Weber  
Date: October 16, 2013
Citation: 2013 S.D. 74
Docket Number: 26577

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree kidnapping, second-degree rape, and aggravated assault. The Supreme Court affirmed Defendant's convictions. Defendant subsequently filed an amended application...

AEG Processing Ctr. No. 58, Inc. v. S.D. Dep't of Revenue & Regulation  
Date: October 16, 2013
Citation: 2013 S.D. 75
Docket Number: 26597

Justia Opinion Summary: The South Dakota Department of Revenue and Regulation (Department) issued Appellant a jeopardy assessment alleging unpaid sales tax. On appeal, a hearing examiner found Appellant liable for a jeopardy assessment, and the...

State v. Dowty  
Date: October 9, 2013
Citation: 2013 S.D. 72
Docket Number: 26559

Justia Opinion Summary: Defendant and his stepson were jointly charged with thirteen felonies. Prior to trial, Defendant unsuccessfully moved to sever charges and for relief from prejudicial joinder. At trial, Defendant filed a motion for judgm...

Rushmore Shadows, LLC v. Pennington County Bd. of Equalization  
Date: October 9, 2013
Citation: 2013 S.D. 73
Docket Number: 26584

Justia Opinion Summary: Plaintiff was the owner of fourteen "recreational park trailers" that were used as cabins for lodging in a campground Plaintiff operated. Pennington County assessed the cabins as real property for ad valorem taxation pur...

Englund v. Vital  
Date: October 2, 2013
Citation: 2013 S.D. 71
Docket Number: 26355

Justia Opinion Summary: Twelve-year-old K.V. threw a large rock that struck nine-year-old G.E. in the head. The incident took place near the intersection of three backyards, one of which belonged to the rental home of the Vitals, K.V.'s parents...

Severson v. Hutchinson  
Date: September 25, 2013
Citation: 2013 S.D. 70
Docket Number: 26521

Justia Opinion Summary: Mother and Father were married in 1997 and had five children together. Mother later filed for a divorce, and a decree of divorce was filed in 2010. The parties stipulated to joint legal custody with Mother having primary...

Eiler v. Dep't of Labor & Regulation  
Date: September 18, 2013
Citation: 2013 S.D. 69
Docket Number: 26634

Justia Opinion Summary: The South Dakota Department of Labor and Regulation, Unemployment Insurance Division disqualified Plaintiff from unemployment insurance benefits based on Plaintiff's alleged failure, without good cause, to accept work sh...

St. John v. Peterson  
Date: September 4, 2013
Citation: 2013 S.D. 67
Docket Number: 26456

Justia Opinion Summary: In the first appeal of this medical malpractice suit, the Supreme Court reversed and remanded a judgment for defendant Dr. Linda Peterson, holding that the trial court abused its discretion when it misconstrued the rules...

Magellan Pipeline Co v. Dept. of Revenue & Regulation  
Date: September 4, 2013
Citation: 2013 S.D. 68
Docket Number: 26553

Justia Opinion Summary: Magellan Pipeline Company, LP appealed a sales tax assessment levied by the state Department of Revenue and Regulation on its additive injection and equipment calibration services. The Hearing Examiner, Department Secret...

Rabo Agrifinance, Inc. v. Rock Creek Farms  
Date: August 21, 2013
Citation: 2013 S.D. 64
Docket Number: 26486

Justia Opinion Summary: The Finnemans owned 17,000 acres of farmland that they deeded to Rock Creek Farms (RCF). RCF funded a series of redemptions of the property, and the Arnoldys purchased existing judgments on the property. Rabo Agrifinance...

Law Capital, Inc. v. Kettering  
Date: August 21, 2013
Citation: 2013 S.D. 66
Docket Number: 26523

Justia Opinion Summary: Thomas Konrad accepted a loan from Bob Law upon the advice of attorney Douglas Kettering. Law and Kettering had been partners in at least one of Law's business ventures and had an attorney-client relationship. Thomas's p...

Smith v. Stan Houston Equip. Co.  
Date: August 21, 2013
Citation: 2013 S.D. 65
Docket Number: 26590

Justia Opinion Summary: Claimant worked for more than ten years as a diesel mechanic for Employer. Claimant had several incidents while working for Employer which he claimed caused neck, back, shoulder, and arm pain. Claimant later submitted a...

Thurman v. CUNA Mut. Ins. Soc'y  
Date: August 14, 2013
Citation: 2013 S.D. 63
Docket Number: 26463

Justia Opinion Summary: Plaintiffs filed a putative class action lawsuit against Black Hills Federal Credit Union and CUNA Mutual Insurance Society for changing their credit disability insurance policy. The complaint alleged that Defendants wro...

Patitucci v. City of Hill City  
Date: August 14, 2013
Citation: 2013 S.D. 62
Docket Number: 26516

Justia Opinion Summary: Plaintiff was injured while walking on a sidewalk abutting a Granite Sports, a sporting goods store in Hill City. The sidewalk also abutted a state/federal highway. Plaintiff and her husband sued Granite Sports and the C...

State v. Medicine Eagle  
Date: August 7, 2013
Citation: 2013 S.D. 60
Docket Number: 26346

Justia Opinion Summary: M.E.H. alleged she was kidnapped and raped by Defendant in 2000. The charges against Defendant were dismissed when DNA testing failed to implicate him. In 2008, the case was reopened, and the evidence obtained in 2000 wa...

DISCIPLINE OF TORNOW
Date: August 7, 2013
Citation: 2013 S.D. 61
Docket Number: 26430
State v. Wheeler  
Date: July 31, 2013
Citation: 2013 S.D. 59
Docket Number: 26285

Justia Opinion Summary: After a jury trial, Defendant was found guilty of possession of marijuana and possession of drug paraphernalia. Defendant appealed, asserting that the jury had insufficient evidence to find that he possessed the marijuan...

Donald Bucklin Constr. v. McCormick Constr. Co.  
Date: July 31, 2013
Citation: 2013 S.D. 57
Docket Number: 26505

Justia Opinion Summary: This case involved a dispute between two construction companies, Plaintiff and Defendant. Defendant contracted with Plaintiff to build grain storage facilities at two locations. After beginning construction, Plaintiff st...

In re Nelson Living Trust  
Date: July 31, 2013
Citation: 2013 S.D. 58
Docket Number: 26585

Justia Opinion Summary: Decedent's ex-wife, Ann, filed a claim against Decedent's estate for compensation for nursing and convalescent services she provided to Decedent before his death. Before Decedent died, he forgave a loan he made to Ann. T...

State v. Waloke  
Date: July 17, 2013
Citation: 2013 S.D. 55
Docket Number: 26260

Justia Opinion Summary: After a jury trial, Defendant was convicted of manslaughter in the first degree. The Supreme Court affirmed, holding that the trial court (1) did not abuse its discretion in denying Defendant's motion to suppress and in...

JAS Enters., Inc. v. BBS Enters., Inc.  
Date: July 17, 2013
Citation: 2013 S.D. 54
Docket Number: 26414

Justia Opinion Summary: JAS Enterprises, Inc. (JAS) entered into a purchase agreement with BBS Enterprises, Inc. (BBS), which sold vehicles, equipment, and inventory used in a sheet metal installation business. The agreement also contained a co...

State v. Brende  
Date: July 17, 2013
Citation: 2013 S.D. 56
Docket Number: 26455

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of first-degree rape and two counts of sexual contact with a child under age sixteen. Defendant was sentenced to fifty years incarceration for each of the first-d...

Voeller v. HSBC Card Servs., Inc.  
Date: July 10, 2013
Citation: 2013 S.D. 50
Docket Number: 26331

Justia Opinion Summary: The day after Julie served her husband Steven with a summons and complaint for divorce, Steven shot and killed Julie near her car in Julie's employer's parking lot. The personal representative of Julie's estate sought wo...

Parris v. City of Rapid City  
Date: July 10, 2013
Citation: 2013 S.D. 51
Docket Number: 26372

Justia Opinion Summary: Plaintiff, a property owner, sought to expand the buildings on his property and, accordingly, asked the City to rezone a portion of his property zoned within the Flood Hazard Zoning District. The City denied the request...

State v. Strozier  
Date: July 10, 2013
Citation: 2013 S.D. 53
Docket Number: 26400

Justia Opinion Summary: Defendant was indicted for murder in the second degree and aggravated assault after stabbing two men during an altercation. Defendant moved to suppress statements he made during a custodial interrogation, arguing that he...

De Smet Farm Mut. Ins. Co. of S.D. v. Busskohl  
Date: July 10, 2013
Citation: 2013 S.D. 52
Docket Number: 26485

Justia Opinion Summary: Defendant applied for homeowner's insurance with Insurer, and his application was approved. Several years later, after discovering a misrepresentation in Defendant's application, Insurer rescinded the homeowner's insuran...

State v. Hett  
Date: July 3, 2013
Citation: 2013 S.D. 47
Docket Number: 26532

Justia Opinion Summary: After a jury trial, Defendant was convicted of driving under the influence of alcohol and for an open container violation. Defendant appealed, arguing that the trial court incorrectly denied his motion to suppress eviden...

Wipf v. Hutterville Hutterian Brethren  
Date: July 3, 2013
Citation: 2013 S.D. 49
Docket Number: 26554

Justia Opinion Summary: Hutterville Colony, a nonprofit religious corporation, had two opposing factions. Both factions sought exclusive power over Hutterville. Their schism led to two lawsuits, including one faction's suit seeking judicial dis...

Roth v. Haag  
Date: July 3, 2013
Citation: 2013 S.D. 48
Docket Number: 26561

Justia Opinion Summary: Mother and Father had Child out of wedlock. Following their separation, Mother retained primary physical custody of Child. Father later filed a motion for change of custody. The trial court determined that it was in Chil...

State v. Garcia  
Date: June 26, 2013
Citation: 2013 S.D. 46
Docket Number: 26257

Justia Opinion Summary: Defendant, who was born in Mexico but moved to the United States before he was one year old, pleaded guilty to possession of marijuana. The United States later commenced removal proceedings against Defendant and Defendan...

In re Termination of Parental Rights of Ibanez  
Date: June 26, 2013
Citation: 2013 S.D. 45
Docket Number: 26267

Justia Opinion Summary: The mother of three girls (Mother) signed a petition to voluntarily terminate her parental rights, attesting in an affidavit that she believed it to be in the best interests of her children for her children to remain wit...

Bertelsen v. Allstate Ins. Co.  
Date: June 12, 2013
Citation: 2013 S.D. 44
Docket Number: 26442

Justia Opinion Summary: Plaintiff, an in-home registered nurse, was injured in an automobile accident while driving her employer's vehicle to to a patient's home to perform her nursing duties. Plaintiff incurred $382,849 in medical expenses as...

State v. Clements  
Date: June 12, 2013
Citation: 2013 S.D. 43
Docket Number: 26477

Justia Opinion Summary: The State charged Defendant with bigamy in violation of S.D. Codified Laws 22-22A-1. Defendant moved to dismiss the information, arguing that the State failed to state a public offense. Specifically, Defendant argued tha...

Velocity Invs., LLC v. Dybvig Installations, Inc.  
Date: June 5, 2013
Citation: 2013 S.D. 41
Docket Number: 26447

Justia Opinion Summary: A corporation entered into an agreement with Wells Fargo for a business line of credit. The owners of the corporation signed the document as officers of the corporation. The corporation later defaulted on the line of cre...

In re Estate of Shipman  
Date: June 5, 2013
Citation: 2013 S.D. 42
Docket Number: 26512

Justia Opinion Summary: After Wife moved into a nursing home, Husband disinherited Wife in his will. Wife's attorney-in-fact, her son, disclaimed any inheritance Wife may have been entitled to receive from Husband's estate. One year later, whil...

State v. Fox  
Date: May 29, 2013
Citation: 2013 S.D. 40
Docket Number: 26317

Justia Opinion Summary: Defendant was charged with numerous crimes, including grand theft. Defendant entered into an agreement with the State in which the State agreed to defer prosecution of the grand theft charge if Defendant pleaded guilty t...

Huth v. Beresford Sch. Dist.  
Date: May 29, 2013
Citation: 2013 S.D. 39
Docket Number: 26471

Justia Opinion Summary: Plaintiff was a teacher employed by the Beresford School District. In 2011, the Beresford Board of Education voted not to renew Plaintiff's teaching contract for the upcoming year as part of a reduction-in-force (RIF). P...

Swenson v. Owners Ins. Co.  
Date: May 15, 2013
Citation: 2013 S.D. 38
Docket Number: 26424

Justia Opinion Summary: Plaintiffs entered into a contract with DJ Construction (DJ) to build a home on their property. Construction was halted two years later after Plaintiffs discovered significant water damage in the home. Plaintiffs sued DJ...

State v. Anderson  
Date: May 8, 2013
Citation: 2013 S.D. 36
Docket Number: 26388

Justia Opinion Summary: After a jury trial, Defendant was convicted of sexual contact with a child under the age of sixteen. Defendant appealed, arguing that his arraignment was inadequate and that the trial court erred in denying his motion fo...

State v. Amick  
Date: May 8, 2013
Citation: 2013 S.D. 37
Docket Number: 26393

Justia Opinion Summary: A deputy sheriff stopped a pickup truck because he did not see the vehicle's temporary license permit on the rear window. Defendant, the driver, was subsequently arrested for DUI. Defendant filed a motion to suppress the...

State v. Erwin  
Date: May 8, 2013
Citation: 2013 S.D. 35
Docket Number: 26422

Justia Opinion Summary: A law enforcement officer stopped a vehicle driven by Shane Erwin for making an illegal left turn. After engaging in routine traffic stop questioning, the officer became suspicious and walked his drug-sensing dog around...

Alpha Prop. and Cas. Ins. Co. v. Ihle  
Date: April 17, 2013
Citation: 2013 S.D. 34
Docket Number: 26436

Justia Opinion Summary: An intoxicated driver (Driver) struck and injured several children. Driver later pleaded guilty to two counts of vehicular battery. Driver's insurer (Insurer) brought a declaratory action seeking a ruling that it had no...

Apland v. Bd. of Equalization for Butte County  
Date: April 10, 2013
Citation: 2013 S.D. 33
Docket Number: 26196

Justia Opinion Summary: Appellees John Apland and others (collectively, Apland) and the Butte County Director of Equalization (Director) were involved in a dispute over the method Director used to calculate the value of Apland's rangeland prope...

Ellingson v. Ammann  
Date: April 10, 2013
Citation: 2013 S.D. 32
Docket Number: 26438

Justia Opinion Summary: At the start of each beekeeping season, Elllingson's Inc. placed its honey bees on the real property of others. After Ellingson's determined it would not longer own bees, it leased to other beekeepers the right to place...

State v. Scott  
Date: April 3, 2013
Citation: 2013 S.D. 31
Docket Number: 26321

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated assault. Defendant appealed, alleging multiple errors in his trial. The Supreme Court (1) remanded for further proceedings on a potential Batson violation for the...

Easton v. Hanson Sch. Dist. 30-1  
Date: April 3, 2013
Citation: 2013 S.D. 30
Docket Number: 26434

Justia Opinion Summary: Claimant was employed full-time by School District (District). The District later notified Claimant it was replacing her full-time position with a part-time position, which would consist of seventy-five percent of the ti...

Hanson Farm Mut. Ins. Co. of S.D. v. Degen  
Date: April 3, 2013
Citation: 2013 S.D. 29
Docket Number: 26435

Justia Opinion Summary: Upon Marcus Degen's purchase of a home, Marcus purchased a homeowner's insurance policy with Hanson Farm Mutual Insurance Company of South Dakota (HFMIC). Marcus, Tina Sellers, and Tina's two daughters moved into the hou...

State v. Kvasnicka  
Date: March 27, 2013
Citation: 2013 S.D. 25
Docket Number: 26176

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree manslaughter by means of a dangerous weapon, vehicular homicide, vehicular battery, and DUI. Defendant was acquitted of two charges of first-degree manslaughter...

Roseth v. Roseth  
Date: March 27, 2013
Citation: 2013 S.D. 27
Docket Number: 26411

Justia Opinion Summary: Mother and Father divorced in 1997. As part of their divorce, Mother and Father entered into an agreement regarding payment of their children's post-high school educational expenses. The parties' youngest child, Jason, t...

State v. Hauge  
Date: March 27, 2013
Citation: 2013 S.D. 26
Docket Number: 26437

Justia Opinion Summary: After a jury trial, Defendant was convicted of possession of one to ten pounds of marijuana. The Supreme Court affirmed, holding (1) the trial court did not err in denying Defendant's motion for judgment of acquittal, as...

Crawford v. Schulte  
Date: March 27, 2013
Citation: 2013 S.D. 28
Docket Number: 26457

Justia Opinion Summary: Mother and Father, who were unmarried, had a child in 2002. In 2008, Father was awarded primary physical custody of the child. In 2012, Father petitioned to increase Mother's child support obligation because he lost his...

Geier v. Geier  
Date: March 20, 2013
Citation: 2013 S.D. 24
Docket Number: 26389

Justia Opinion Summary: Wife and Husband were married in 1997. Wife, who was diagnosed with relapsing-remitting multiple sclerosis, was declared disabled in 2002. In 2011, Husband initiated divorce proceedings. Husband's attorney (Attorney) pre...

State v. Fisher  
Date: March 13, 2013
Citation: 2013 S.D. 23
Docket Number: 26396

Justia Opinion Summary: Defendant was retried on multiple rape and sexual contact offenses against his daughter after his 2008 conviction was overturned on direct appeal. After a second jury trial, Defendant was convicted on all charges and was...

Tornow v. Sioux Falls Civil Serv. Bd.  
Date: February 27, 2013
Citation: 2013 S.D. 20
Docket Number: 26352

Justia Opinion Summary: Appellant worked for the City of Sioux Falls as an assistant city attorney. In 2010, Appellant was terminated for violating various subsections of the Sioux Falls City Ordinance. Appellant appealed and applied for an alt...

Eagle Ridge Estates Homeowners Ass'n v. Anderson  
Date: February 27, 2013
Citation: 2013 S.D. 21
Docket Number: 26363

Justia Opinion Summary: Defendants owned three lots in the Eagle Crest subdivision adjacent to the Eagle Ridge Estates (Eagle Ridge) subdivision. Defendants' predecessor in title obtained a private access easement from the prior owners of Eagle...

Brandt v. County of Pennington  
Date: February 27, 2013
Citation: 2013 S.D. 22
Docket Number: 26364

Justia Opinion Summary: In 1994, Plaintiff granted a drainage easement to Pennington County on land he owned. In 1996, silt began to accumulate near the bottom of the canyon on part of Plaintiff's land due to the County's repair of a section of...

AgFirst Farmers Coop. v. Diamond C Dairy, LLC  
Date: February 20, 2013
Citation: 2013 S.D. 19
Docket Number: 26469

Justia Opinion Summary: AgFirst Farmers Cooperative (AgFirst) sued Diamond C Dairy (Diamond) for cattle feed allegedly purchased by Diamond. Diamond admitted it owed AgFirst for some of the feed but contended that some shipments could have been...

Poeppel v. Lester  
Date: February 13, 2013
Citation: 2013 S.D. 17
Docket Number: 26223

Justia Opinion Summary: Plaintiff was the owner of a voting interest in Coldwell Banker Lewis-Kirkeby-Hall Real Estate, Inc. (CBLKH). Plaintiff and Defendant entered into a contract under which the parties agreed that Plaintiff would sell Defen...

Nelson v. Dep't of Social Servs.  
Date: February 13, 2013
Citation: 2013 S.D. 18
Docket Number: 26350

Justia Opinion Summary: Appellant, a forty-eight-year-old who lived independently for two decades, had "borderline intellectual functioning," an expressive language disorder, and a learning disorder. Appellant applied for Home and Community Bas...

Bailey v. Duling  
Date: February 6, 2013
Citation: 2013 S.D. 15
Docket Number: 26177

Justia Opinion Summary: Curley Haisch and his wife Rose owned Mulehead Ranch. Joe Duling was the Haisches' financial advisor as well as a realtor and broker. When Curley was ninety years old, he decided to sell the ranch and signed a listing ag...

Milinkovich v. Progressive Cas. Ins. Co.  
Date: February 6, 2013
Citation: 2013 S.D. 16
Docket Number: 26357

Justia Opinion Summary: An Arizona couple was injured on their motorcycle by another biker. The accident occurred in South Dakota. Because the other motorcyclist left the scene, the couple sought uninsured motorist benefits from their insurer....

In re Guardianship of Murphy  
Date: February 6, 2013
Citation: 2013 S.D. 14
Docket Number: 26498

Justia Opinion Summary: Shirley Murphy (Mrs. Murphy), who was ninety years old at the time of this action, had four adult daughters, Dee, Shirley, Claudia, and Mary (collectively, Daughters). In May 2012, Claudia obtained an appointment as Mrs....

Rupert v. City of Rapid City  
Date: January 30, 2013
Citation: 2013 S.D. 13
Docket Number: 26252

Justia Opinion Summary: The City of Rapid City applied a deicer to the streets adjacent to property owned by the Ruperts. The Ruperts sued the City, claiming that the deicer ran onto their property and destroyed several pine trees. The trial co...

In re Guardianship of Nelson  
Date: January 30, 2013
Citation: 2013 S.D. 12
Docket Number: 26375

Justia Opinion Summary: When Peggy Nelson was ninety-one years old, she executed a durable power of attorney giving John Rice numerous powers over her personal and financial affairs. When Peggy was ninety-four years old, her niece and nephew pe...

Schieffer v. Schieffer  
Date: January 23, 2013
Citation: 2013 S.D. 11
Docket Number: 26101

Justia Opinion Summary: In 2010, Husband sought a divorce from Wife on the grounds of irreconcilable differences. The trial court granted the divorce. In its judgment and decree of divorce, the trial court denied Wife's request to relocate to N...

In re Application of Hyperion Refining, LLC  
Date: January 23, 2013
Citation: 2013 S.D. 10
Docket Number: 26290

Justia Opinion Summary: Hyperion Refining, LLC applied for an air quality permit to begin construction of a proposed petroleum refinery and power plant. The Department of Environment and Natural Resources (DENR) issued the permit, and the Board...

Young v. Oury  
Date: January 17, 2013
Citation: 2013 S.D. 7
Docket Number: 26182

Justia Opinion Summary: After undergoing surgery for a heart valve replacement, Kathy Young died. Kathy's husband, Greg Oury, brought this medical malpractice suit on behalf of Kathy's estate, alleging that the doctor who performed the surgery...

McGuire v. Aberle  
Date: January 17, 2013
Citation: 2013 S.D. 5
Docket Number: 26205

Justia Opinion Summary: In 1967, Raymond and Margaret Becker's eight child inherited an undivided one-eighth interest in patented fee land located within the boundaries of the Cheyenne River Sioux Indian Reservation. None of the Beckers were In...

Thompson v. Avera Queen of Peace Hosp.  
Date: January 17, 2013
Citation: 2013 S.D. 8
Docket Number: 26296

Justia Opinion Summary: After Plaintiff's surgeon, Dr. Krouse, performed wrist surgery on Plaintiff's left wrist, Plaintiff visited another orthopedic surgeon, Dr. Curd, complaining of continuing pain. Dr. Curd concluded that another surgery wa...

Rowley v. Bd. of Pardons & Paroles  
Date: January 17, 2013
Citation: 2013 S.D. 6
Docket Number: 26418

Justia Opinion Summary: Appellant pleaded guilty to first-degree injury to property and possession of a controlled substance. Appellant was sentenced to twenty-one years in the penitentiary for both convictions, to be served consecutively. Appe...

Smith v. Rustic Home Builders, LLC  
Date: January 17, 2013
Citation: 2013 S.D. 9
Docket Number: 26534

Justia Opinion Summary: Homeowners obtained a default judgment against an LLC. Although the LLC's manager (Manager) was listed as an individual defendant, the default was only against the LLC. A partial satisfaction of the judgment was later en...

State v. Rolfe  
Date: January 9, 2013
Citation: 2013 S.D. 2
Docket Number: 26096

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. Defendant was indicted of the charges after t...

In re Guardianship of Stevenson  
Date: January 9, 2013
Citation: 2013 S.D. 4
Docket Number: 26168

Justia Opinion Summary: Daughter was born with cerebral palsy and developmental disabilities. Daughter's Father and Mother later divorced. After Daughter turned eighteen, a California court appointed Mother as Daughter's guardian and conservato...

State v. Bonacker  
Date: January 9, 2013
Citation: 2013 S.D. 3
Docket Number: 26232

Justia Opinion Summary: Defendant was indicted for driving with a revoked license. The indictment stemmed from a traffic stop that a law enforcement officer initiated after he noticed that Defendant's headlights appeared to be at their high-bea...

State v. Berget  
Date: January 2, 2013
Citation: 2013 S.D. 1
Docket Number: 26318

Justia Opinion Summary: Defendant, who was serving a life sentence in the South Dakota Penitentiary when he and another inmate assaulted a correctional officer, pled guilty to first-degree murder of the officer. Defendant waived his right to a...

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