South Dakota Supreme Court Decisions 2015
Date: December 30, 2015
Citation: 2015 S.D. 103
Docket Number: 27351
Justia Opinion Summary: Defendant was convicted of three counts of sexual contact and rape involving three minors. The Supreme Court affirmed, holding (1) the trial judge did not cause structural error because he left the courtroom during the…
Date: December 30, 2015
Citation: 2015 S.D. 101
Docket Number: 27353
Justia Opinion Summary: The Department of Social Services (DSS) removed Child from the custody of her biological mother two days after Child’s birth. Child was placed in the temporary custody of Foster Parents, who had previously adopted…
Date: December 30, 2015
Citation: 2015 S.D. 102
Docket Number: 27408
Justia Opinion Summary: John and Kimberly Nooney purchased tickets from StubHub, Inc. for a concert. The tickets were invalid, and the Nooneys were denied access to the concert. The Nooneys sued StubHub for breach of contract and fraudulent…
Date: December 23, 2015
Citation: 2015 S.D. 100
Docket Number: 27374
Justia Opinion Summary: Defendant was charged with two counts of first-degree rape and two counts of possession of child pornography. Defendant moved to suppress his admissions that he raped a three-year-old girl, arguing that the State could…
Date: December 16, 2015
Citation: 2015 S.D. 97
Docket Number: 27264
Justia Opinion Summary: Charles Korzan and his brother, Michael Korzan, were transporting hay bales in a semi-trailer when the the hay ignited and spread fire to nearby lands. Plaintiffs sued the Korzans, alleging nuisance, negligence,…
Date: December 16, 2015
Citation: 2015 S.D. 99
Docket Number: 27317
Justia Opinion Summary: David Zerfas swerved to avoid a deer carcass in his lane of travel and lost control of his vehicle. Zerfas died after his vehicle was hit by oncoming traffic. Zerfas’s wife, Stacey, sought uninsured motorist benefits…
Date: December 16, 2015
Citation: 2015 S.D. 96
Docket Number: 27338
Justia Opinion Summary: In 2001, Appellant pleaded guilty to third-degree burglary and possession of burglary tools. In 2007, Appellant was granted parole. After his release, Appellant committed another burglary in Minnesota and was convicted…
Date: December 16, 2015
Citation: 2015 S.D. 98
Docket Number: 27390
Justia Opinion Summary: Attorney Irene Schrunk represented Mary Ellen Nylen in a divorce and was involved subsequent legal matters regarding Mary Ellen and her new husband, Mark Nylen. When Mark served Mary Ellen with a summons and complaint…
Date: December 9, 2015
Citation: 2015 S.D. 94
Docket Number: 27293
Justia Opinion Summary: High Plains sought a writ of prohibition alleging that the Fall River County Board of Commissioners exceeded its authority by rescinding Resolution No. 2014-09, which approved High Plains’ proposed petroleum contaminated…
Date: December 9, 2015
Citation: 2015 S.D. 95
Docket Number: 27320
Justia Opinion Summary: Plaintiff was admitted to the intensive care unit at the Sanford USD Medical Center (Hospital) after being struck in the throat and head during an altercation. Plaintiff insisted on leaving the Hospital against medical…
Date: December 9, 2015
Citation: 2015 S.D. 93
Docket Number: 27356
Justia Opinion Summary: Adam Ray, a former employee of Granite Buick GMC, Inc., and Scott Hanna, a former employee of McKie Ford Lincoln, Inc., left their respect employment and started their own automobile dealership. Granite Buick and McKie…
Date: November 24, 2015
Citation: 2015 S.D. 91
Docket Numbers: 27288, 27289
Justia Opinion Summary: Plaintiff sued Harding County for negligence after he drove into a washed-out portion of a county road and was injured. A jury returned a general verdict for the County. Plaintiff appealed, arguing that the County’s…
Date: November 18, 2015
Citation: 2015 S.D. 90
Docket Number: 27301
Justia Opinion Summary: In 2014, the Supreme Court vacated Defendant’s conviction of aggravated theft by deception, holding that the State failed to prove all the elements of the offense. The State subsequently brought new charges against…
Date: November 10, 2015
Citation: 2015 S.D. 89
Docket Numbers: 27242, 27243, 27244
Justia Opinion Summary: In 2014, Defendant admitted to violating the terms of his probation, and the circuit court revoked probation and imposed a sentence of two years incarceration (Sentence 1). That same year, Defendant received two…
Date: November 10, 2015
Citation: 2015 S.D. 87
Docket Number: 27330
Justia Opinion Summary: Petitioners - four residents of the Westwood Valley Addition to Sioux Falls, which is a part of the Tea Area School District (TASD) - submitted a petition to the Tea Area School Board requesting that the TASD’s boundary…
Date: November 10, 2015
Citation: 2015 S.D. 88
Docket Numbers: 27409, 27420
Justia Opinion Summary: On December 31, 2009, Employee was injured during the scope of her employment at Employer. One week later, Employee suffered a massive intraventricular hemorrhage in her brain, which caused her to undergo brain surgery.…
Date: November 4, 2015
Citation: 2015 S.D. 84
Docket Number: 27237
Justia Opinion Summary: In 2014, Mother and Father agreed to divorce on the grounds of irreconcilable differences. After a two-day trial, the circuit court granted Mother primary physical custody of the parties’ two children. Father appealed,…
Date: November 4, 2015
Citation: 2015 S.D. 86
Docket Number: 27238
Justia Opinion Summary: The circuit court granted a divorce to Husband and Wife on the grounds of irreconcilable differences. Husband appealed. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in (1)…
Date: November 4, 2015
Citation: 2015 S.D. 82
Docket Number: 27282
Justia Opinion Summary: In 2012, the South Dakota Department of Revenue (Department) commenced an audit of Taxpayer’s excise tax and sales tax licenses for tax period 2009 through 2012. At issue in this case was whether Taxpayer’s construction…
Date: November 4, 2015
Citation: 2015 S.D. 83
Docket Number: 27298
Justia Opinion Summary: Plaintiff suffered an injury from a fall while at Black Hills Dialysis LLC’s (BHD) facility in Shannon County. Plaintiff sued BHD for her injuries. A dispute subsequently arose about whether the circuit court should…
Date: November 4, 2015
Citation: 2015 S.D. 81
Docket Number: 27324
Justia Opinion Summary: Montana Dakota Utilities Co. and Otter Tail Power Company (together, Applicants) applied to the South Dakota Public Utilities Commission (Commission) for a permit to construct a high-voltage electrical transmission line.…
Date: November 4, 2015
Citation: 2015 S.D. 85
Docket Number: 27394
Justia Opinion Summary: Duane Pankratz filed a complaint against Robert Cullum’s estate for breach of an oral promise to transfer corporate stock and for the recovery of corporate debt Robert Cullum allegedly personally guaranteed to pay. The…
Date: October 28, 2015
Citation: 2015 S.D. 80
Docket Number: 27074
Justia Opinion Summary: Casper Lodging, LLC filed this breach of contract case against Robert Akers, alleging that Akers failed to deliver to James Koehler a hotel in compliance with the parties’ agreements. A jury found in favor of Casper…
Date: October 28, 2015
Citation: 2015 S.D. 78
Docket Number: 27339
Justia Opinion Summary: Defendant was searched pursuant to a search warrant with an “all persons” provision. Defendant was found in possession of marijuana and methamphetamine. Defendant was subsequently convicted of possession of a controlled…
Date: October 28, 2015
Citation: 2015 S.D. 79
Docket Number: 27383
Justia Opinion Summary: Aggregate Construction, Inc. (Aggregate) hired Aaron Swan & Associates, Inc. (Swan) to conduct sodium-sulfate soundness testing of material to be used in a construction project for the South Dakota Department of…
Date: October 21, 2015
Citation: 2015 S.D. 77
Docket Number: 26987
Justia Opinion Summary: Defendant was attacked during a drug transaction. Defendant used lethal force against one of the perpetrators with an illegal shotgun. After a jury trial, Defendant was convicted of first-degree manslaughter, possession…
Date: October 14, 2015
Citation: 2015 S.D. 76
Docket Number: 27371
Justia Opinion Summary: Defendant pleaded guilty to possession of a controlled substance. Defendant was entitled to presumptive probation unless the court found aggravating circumstances “that pose a significant risk to the public.” In imposing…
Date: October 1, 2015
Citation: 2015 S.D. 75
Docket Number: 27294
Justia Opinion Summary: Appellant injured his right shoulder while working for Employer. Due to his injuries and Employer’s lack of workers’ compensation coverage, Appellant sued to recover for his disability, arguing that Employer was in…
Date: August 26, 2015
Citation: 2015 S.D. 73
Docket Number: 27037
Justia Opinion Summary: Defendant pleaded guilty to first-degree rape and was sentenced to seventy years’ imprisonment. Defendant did not appeal his conviction or sentence. Approximately five years later, Defendant filed a petition for habeas…
Date: August 26, 2015
Citation: 2015 S.D. 74
Docket Number: 27268
Justia Opinion Summary: At issue in this case was the homestead exemption’s prohibition on the collection of real property taxes under S.D. Codified Laws 43-31. In January 2014, prior to turning seventy years old, John Reints filed an…
Date: August 19, 2015
Citation: 2015 S.D. 72
Docket Number: 26885
Justia Opinion Summary: After a jury trial, Defendant was found guilty of attempted fetal homicide. The Supreme Court reversed, holding (1) Defendant was improperly convicted of the crime of attempted fetal homicide because the jury did not…
Date: August 12, 2015
Citation: 2015 S.D. 71
Docket Number: 27200
Justia Opinion Summary: Defendant pleaded guilty to second-degree burglary. Defendant attempted to appeal the original judgment, but his attorney failed to file a notice of appeal within the time provided by statute. Defendant was later…
Date: August 5, 2015
Citation: 2015 S.D. 69
Docket Numbers: 27152, 27166
Justia Opinion Summary: The South Dakota Department of Revenue assessed Northern Border Pipeline Company, the operator of an interstate pipeline that provides transportation services to natural gas owners who desire to ship their gas, for use…
Date: August 5, 2015
Citation: 2015 S.D. 70
Docket Number: 27156
Justia Opinion Summary: In 2007, Appellant was convicted of possession of a controlled drug or substance with intent to distribute and committing or attempting to commit a felony with a firearm. In 2012, Appellant signed a suspended sentence…
Date: July 29, 2015
Citation: 2015 S.D. 67
Docket Number: 26933
Justia Opinion Summary: In 2012, Citibank, Inc. filed with the South Dakota Department of Revenue a request for a refund of bank franchise taxes paid for the tax years 1999, 2000, 2001, and 2002. The Department denied the tax refund claim,…
Date: July 29, 2015
Citation: 2015 S.D. 68
Docket Number: 27124
Justia Opinion Summary: Voorhees Cattle Co. brought a foreclosure action against Dakota Feeding Co. (DFC). In answering the complaint, DFC brought a third party complaint against B and B Equipment, Inc. (B&B) for breach of contract. B&B…
Date: July 29, 2015
Citation: 2015 S.D. 66
Docket Number: 27130
Justia Opinion Summary: Matthew and Caralynn Fonder purchased a home and obtained a mortgage from Wells Fargo Bank, N.A. Wells Fargo selected Wells Fargo Insurance, Inc. Flood Services (WFFS) to conduct a flood hazard determination on the…
Date: July 22, 2015
Citation: 2015 S.D. 64
Docket Number: 27218
Justia Opinion Summary: Defendant and several others in a group were stopped by South Dakota State University (SDSU) police officers on suspicion of underage consumption and for violating South Dakota’s open container law. Defendant was later…
Date: July 22, 2015
Citation: 2015 S.D. 65
Docket Number: 27273
Justia Opinion Summary: During his lifetime, Joseph Baumgart created a trust that had been court supervised for thirty-five years. Petitioners, income beneficiaries of the trust with one exception, filed suit against Trustees seeking to reopen…
Date: July 15, 2015
Citation: 2015 S.D. 63
Docket Number: 27149
Justia Opinion Summary: After Fannie Mae foreclosed upon and acquired the home at issue in this case, Fannie Mae hired Hayman Residential Engineering Services, Inc. to prepare a structural engineering report on the home. Based on the report,…
Date: July 15, 2015
Citation: 2015 S.D. 61
Docket Number: 27204
Justia Opinion Summary: Wharf Resources, Inc., a mining company, terminated Lisa Davis for “disruptive behavior in the workplace.” Several months later, Davis filed a gender discrimination claim and a retaliatory discharge claim with the South…
Date: July 15, 2015
Citation: 2015 S.D. 60
Docket Number: 27252
Justia Opinion Summary: Defendant pleaded guilty to distribution of a schedule I or II substance and possession of a controlled substance. On the possession charge, the circuit court departed from presumptive probation and imposed a sentence of…
Date: July 15, 2015
Citation: 2015 S.D. 62
Docket Number: 27278
Justia Opinion Summary: This case involved a dispute over a road located on property owned by David and Roxie Niemi in Fredlund Township. The Neimis brought suit against the Township seeking a declaratory judgment that the portion of Lewton…
Date: July 8, 2015
Citation: 2015 S.D. 59
Docket Number: 26957
Justia Opinion Summary: At the time of the divorce of Mother and Father, the parties agreed that Mother would have primary physical custody of the parties’ two children. Five years later, the circuit court changed primary physical custody from…
Date: July 1, 2015
Citation: 2015 S.D. 58
Docket Number: 27094
Justia Opinion Summary: In 2013, the circuit court entered a divorce decree dissolving the marriage of James and Jennifer Hiller. In distributing the parties’ marital assets, the court ordered that James assume all of the marital debt but…
Date: July 1, 2015
Citation: 2015 S.D. 55
Docket Number: 27138
Justia Opinion Summary: Dakota Trailer Manufacturing, which makes radiator components for an unrelated company, performs its component work in one of Dakota Trailer’s locations that was originally classified as a “machine shop” for workers…
Date: July 1, 2015
Citation: 2015 S.D. 57
Docket Number: 27196
Justia Opinion Summary: Mother brought an action against Father to establish Father’s child support obligation and to determine arrearages. A child support referee recommended that Father receive a credit for mortgage payments as well as for…
Date: July 1, 2015
Citation: 2015 S.D. 56
Docket Number: 27235
Justia Opinion Summary: Julie and Grant Rush were married in 1990 in Pennsylvania. In 2012, Grant left the marital home in Pennsylvania and moved into his mother’s home in South Dakota. That same year, Julie filed a “Uniform Support Petition”…
Date: June 24, 2015
Citation: 2015 S.D. 53
Docket Number: 27148
Justia Opinion Summary: Plaintiff filed a petition and affidavit for a stalking protection order against Defendant, her former boyfriend. After a hearing, the circuit court entered a written permanent protection order prohibiting Defendant from…
Date: June 24, 2015
Citation: 2015 S.D. 52
Docket Number: 27158
Justia Opinion Summary: The parties in this case were two families of shareholders owning stock in Cosmos of the Black Hills, Inc. Plaintiffs, the minority shareholders, brought an action against Defendants, the majority shareholders, alleging…
Date: June 24, 2015
Citation: 2015 S.D. 51
Docket Number: 27185
Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree rape and sexual contact with a child under the age of sixteen. The Supreme Court affirmed, holding that the circuit court did not err (1) when it denied…
Date: June 24, 2015
Citation: 2015 S.D. 54
Docket Number: 27232
Justia Opinion Summary: Teton LLC filed an application with the Grant County Board of Adjustment for a conditional use permit to construct a concentrated animal feeding operation. The Board ultimately approved Teton’s application. The circuit…
Date: June 17, 2015
Citation: 2015 S.D. 48
Docket Number: 27079
Justia Opinion Summary: Defendant was twenty-six years old when she was involved in a high-speed pursuit that resulted in life-threatening injuries for a highway patrolman. Defendant pleaded guilty to driving under the influence (DUI) and…
Date: June 17, 2015
Citation: 2015 S.D. 49
Docket Number: 27191
Justia Opinion Summary: John DeBoer and Jill Lenards were involved in a car accident. Lenards sued DeBoer for negligence, limiting her damages claim to pain and suffering. The jury returned a general verdict for DeBoer. The circuit court…
Date: June 17, 2015
Citation: 2015 S.D. 47
Docket Numbers: 27254, 27261
Justia Opinion Summary: Delbert Deutsch died in 2012. Deutsch’s widow, Marcelina, and her son found a copy of a 2011 will on top of Delbert’s desk but, after a careful and exhaustive search, could not find an original will. Delbert’s nephews…
Date: June 17, 2015
Citation: 2015 S.D. 46
Docket Number: 27327
Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated assault and simple assault. Defendant was sentenced to twenty years with ten years suspended for aggravated assault and two years for simple assault, to run…
Date: June 15, 2015
Citation: 2015 S.D. 50
Docket Number: 27114
Justia Opinion Summary: In 2009, 2010, and 2011, the Dowling Family Partnership and Dowling Brothers Partnership (collectively, the Partnerships) entered into a series of cash farm leases with Midland Farms, LLC. The 2012 crop year lease…
Date: June 10, 2015
Citation: 2015 S.D. 44
Docket Numbers: 26917, 26918, 26965, 26993
Justia Opinion Summary: In 2007, four members of the Stabler family - Stan and Rose Stabler, their child, Brad, and Brad’s wife Brenda - brought fraud actions against the First State Bank of Roscoe (FSB) and its president, John Beyers, alleging…
Date: June 10, 2015
Citation: 2015 S.D. 43
Docket Number: 27190
Justia Opinion Summary: When Son was born to Mother and Father, Son received the surname of Father. Mother and Father subsequently divorced, and Mother was granted primary physical custody of Son. Mother later married Stepfather. Mother…
Date: June 10, 2015
Citation: 2015 S.D. 45
Docket Number: 27205
Justia Opinion Summary: Police officer Robert Neisen arrested Defendant for driving under the influence. Officer Niesen first informed Defendant that he had impliedly consented to a blood draw by virtue of operating a vehicle in South Dakota,…
Date: June 3, 2015
Citation: 2015 S.D. 41
Docket Number: 27098
Justia Opinion Summary: This was the third of appeal of this medical malpractice action. The third appeal concerned Plaintiff’s claim that Defendant-doctor was negligent for failing to refer Plaintiff to a doctor who specialized in repairing…
Date: June 3, 2015
Citation: 2015 S.D. 39
Docket Numbers: 27173, 27180
Justia Opinion Summary: Employee was injured when he ran from a co-worker on the job site after tricking that co-worker. Employee sought workers’ compensation benefits. Employer and Insurer denied workers’ compensation benefits, asserting that…
Date: June 3, 2015
Citation: 2015 S.D. 40
Docket Number: 27179
Justia Opinion Summary: Patrick Nickles and Kacie Nickles divorced. The circuit court ordered joint legal custody with primary physical custody awarded to Kacie, awarded monthly child support and rehabilitative alimony to Kacie, divided the…
Date: June 3, 2015
Citation: 2015 S.D. 42
Docket Number: 27209
Justia Opinion Summary: In spring of 2000, Plaintiffs hired Meyer Modernizing Company to install siding, soffits, and gutters on the home they were constructing. Plaintiffs moved into the home by late 2000. No later than 2002, Plaintiffs…
Date: May 27, 2015
Citation: 2015 S.D. 36
Docket Number: 27122
Justia Opinion Summary: Defendant pleaded guilty to one count of attempted first-degree murder and was sentenced to the maximum term of twenty-five years imprisonment. The Supreme Court affirmed, holding (1) Defendant’s sentence, which was not…
Date: May 27, 2015
Citation: 2015 S.D. 37
Docket Number: 27162
Justia Opinion Summary: Defendant was convicted of possessing methamphetamine and sentenced to three years imprisonment. Defendant appealed, arguing that the circuit court erred in denying his motion to suppress methamphetamine evidence…
Date: May 27, 2015
Citation: 2015 S.D. 38
Docket Number: 27175
Justia Opinion Summary: Todd and Joanne Egge placed obstructions on a platted but unimproved service road north of their property. Gary Busselman sued the Egges for damages and sought an injunction to prevent the Egges’ obstruction of the…
Date: May 20, 2015
Citation: 2015 S.D. 35
Docket Number: 27020
Justia Opinion Summary: Troy Dowling, the operator of a crop-spraying business, owned a John Deere sprayer that was a scheduled item on his commercial general liability insurance policy through Berkley Regional Insurance Company. Dowling also…
Date: May 20, 2015
Citation: 2015 S.D. 34
Docket Number: 27109
Justia Opinion Summary: Frank and Josephine Kaberna established two trusts for the equal distribution of real property to their four children: Karen, Frank, Jean, and Don. After Frank and Josephine died, each of the four children, along with…
Date: May 20, 2015
Citation: 2015 S.D. 33
Docket Number: 27195
Justia Opinion Summary: Dorothy McLean invested in a certificate of deposit (CD) with Black Hills Federal Credit Union (BHFCU). McLean subsequently changed the CD’s payable-on-death beneficiary from Ronald Studt, her son, to David Sholes, her…
Date: May 13, 2015
Citation: 2015 S.D. 30
Docket Number: 26982
Justia Opinion Summary: Plaintiff and Defendant claimed mineral rights to the same 280 acres of U.S. Forest Service land in Lawrence County, South Dakota. Plaintiff filed a complaint to quiet title. The circuit court granted summary judgment in…
Date: May 13, 2015
Citation: 2015 S.D. 32
Docket Number: 27184
Justia Opinion Summary: Robert and Betty Scherer obtained a divorce in 2014. The main dispute in the divorce was the inclusion of three businesses in the marital estate. The Supreme Court affirmed in part and reversed and remanded in part,…
Date: May 13, 2015
Citation: 2015 S.D. 29
Docket Number: 27189
Justia Opinion Summary: Borrower, a hotel, obtained a loan from Bank in exchange for a promissory note and mortgage on the hotel. To further secure the obligation, Bank obtained separate commercial guaranties from individual Guarantors.…
Date: May 13, 2015
Citation: 2015 S.D. 31
Docket Number: 27215
Justia Opinion Summary: Pro se appellant Robert Mercer submitted a request to the South Dakota Attorney General’s Office under S.D. Codified Laws 1-27-37 seeking the release of the Division of Criminal Investigation’s (DCI) records related to…
Date: May 6, 2015
Citation: 2015 S.D. 26
Docket Number: 27140
Justia Opinion Summary: In 1999, James Stadheim entered into a lease with Flack Signs that gave Flack Signs the right to erect advertising signs on Stadheim’s property. The lease provided for a ten-year term. In 2002, Guy Carlson acquired the…
Date: May 6, 2015
Citation: 2015 S.D. 27
Docket Number: 27147
Justia Opinion Summary: Linda Golden owned a fifty percent mineral interest that was within a “spacing unit” in which Luff Exploration Company desired to drill for oil. Golden declined Luff’s offer to lease her mineral interest or participate…
Date: May 6, 2015
Citation: 2015 S.D. 28
Docket Number: 27150
Justia Opinion Summary: Dorothea Anderson and John Anderson were married in 1996 and separated in 2012. The parties subsequently obtained a divorce. The circuit court divided the marital assets, including land and cash that John had inherited…
Date: May 6, 2015
Citation: 2015 S.D. 25
Docket Number: 27170
Justia Opinion Summary: Patricia Wheeler was employed by Cinna Bakers, Westside Casino, and Get ’N’ Go and held the three separate jobs concurrently. Wheeler was injured in the course of her employment with Cinna Bakers, which rendered her…
Date: April 29, 2015
Citation: 2015 S.D. 24
Docket Number: 26891
Justia Opinion Summary: In 2005, Plaintiff suffered a compensable, work-related injury to his neck and back while employed by Ridco, Inc. Twin City Fire Insurance Company, which insured Ridco for purposes of workers’ compensation, paid…
Date: April 22, 2015
Citation: 2015 S.D. 23
Docket Number: 27060
Justia Opinion Summary: In 2008, the circuit court entered an order for child support wherein Father would pay Mother child support. In 2010, the circuit court lowered Father’s child support obligation. In May 2012, Mother petitioned the…
Date: April 15, 2015
Citation: 2015 S.D. 22
Docket Number: 26939
Justia Opinion Summary: Plaintiffs alleged that they were sexually abused at some point during the late 1950s through the early 1970s by priests, brothers, nuns, and others when they were attending St. Francis Mission School on the Rosebud…
Date: April 15, 2015
Citation: 2015 S.D. 21
Docket Number: 27183
Justia Opinion Summary: The Department of Social Services (DSS) provided Medicaid benefits to Darlene Hollman while she was in a nursing home. Hollman had an interest in real estate at the time, but DSS did not record a lien on the property for…
Date: April 8, 2015
Citation: 2015 S.D. 19
Docket Number: 27068
Justia Opinion Summary: The Estate of Karla McLaren brought a medical malpractice action against Dr. Wesley Sufficool in connection with a surgery performed on McLaren. Judgment was entered for the Estate. The Estate subsequently sought…
Date: April 8, 2015
Citation: 2015 S.D. 20
Docket Number: 27080
Justia Opinion Summary: Nicholas Hybertson hired Jeff Muhlenkort to spray Hybertson’s filed with an herbicide. Several days after Muhlenkort applied the fertilizer to the Hybertson field, corn on a field owned by Murray and Georgine Lindblom…
Date: April 1, 2015
Citation: 2015 S.D. 17
Docket Number: 27093
Justia Opinion Summary: Defendant was charged with possession of a controlled substance with intent to distribute (Count 1), possession of a controlled substance (Count 2), possession of marijuana (Count 3), and possession of drug paraphernalia…
Date: April 1, 2015
Citation: 2015 S.D. 18
Docket Number: 27116
Justia Opinion Summary: Employee was injured in an automobile accident during the course of his employment with Employer. Employer and its Insurer paid workers’ compensation benefits. Employee subsequently settled a claim against the other…
Date: March 25, 2015
Citation: 2015 S.D. 16
Docket Number: 27203
Justia Opinion Summary: Plaintiff filed for and obtained an ex parte temporary protection order against Defendant, a former social acquaintance. The Supreme Court affirmed, holding (1) the circuit court’s findings of fact were not clearly…
Date: March 18, 2015
Citation: 2015 S.D. 14
Docket Number: 27112
Justia Opinion Summary: As part of a plea agreement, Defendant pleaded guilty to possession of methamphetamine. After a sentencing hearing, the district court sentenced Defendant to five years in the penitentiary. The Supreme Court affirmed,…
Date: March 18, 2015
Citation: 2015 S.D. 15
Docket Number: 27125
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree rape and sexual contact involving a child. During the trial, the trial judge, on his own initiative, and without a preclosure hearing, closed the courtroom…
Date: March 11, 2015
Citation: 2015 S.D. 12
Docket Number: 27043
Justia Opinion Summary: After a jury trial, Defendant was convicted of threatening or intimidating a judicial officer, offering a false instrument for filing, and uttering simulated process. The Supreme Court affirmed, holding (1) despite an…
Date: March 11, 2015
Citation: 2015 S.D. 13
Docket Number: 27057
Justia Opinion Summary: Appellant pleaded guilty to two charges of second degree robbery. The circuit court sentenced Appellant to a term of seven years with two years suspended for the first conviction and a term of eight years with two years…
Date: March 11, 2015
Citation: 2015 S.D. 11
Docket Number: 27086
Justia Opinion Summary: Before he died, the Decedent transferred two quarter sections of Indian trust land located in Tripp County, South Dakota, to his son. The Decedent’s estate (the Estate) filed this action arguing that the Decedent lacked…
Date: March 4, 2015
Citation: 2015 S.D. 10
Docket Number: 27097
Justia Opinion Summary: Aaron Terveen was an employee for the South Dakota Department of Transportation. When returning from a work-related trip, Terveen was involved in a one-automobile accident on a dead-end road just off the highway. The…
Date: February 11, 2015
Citation: 2015 S.D. 9
Docket Numbers: 27021, 27031
Justia Opinion Summary: This case involved an intersection collision between a crop sprayer and a motorcycle. The driver of the crop sprayer was insured through two insurance policies, and the owner of the crop sprayer was insured through a…
Date: February 4, 2015
Citation: 2015 S.D. 7
Docket Number: 26803
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree rape, aggravated incest, and sexual contact with a child under age thirteen. The Supreme Court affirmed in part and remanded in part, holding (1) the circuit…
Date: February 4, 2015
Citation: 2015 S.D . 6
Docket Number: 26871
Justia Opinion Summary: After a jury trial, Defendant was convicted on two counts of intentional damage to property and one count each of reckless burning, possession of a controlled substance, and possession of marijuana. The Supreme Court (1)…
Date: February 4, 2015
Citation: 2015 S.D. 8
Docket Number: 27115
Justia Opinion Summary: Brett Jarman applied to the Law Enforcement Officers Standards and Training Commission for law enforcement certification seeking certification of qualification as a candidate for county sheriff. After a hearing, the…
Date: January 28, 2015
Citation: 2015 S.D. 2
Docket Number: 26996
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder and sentenced to life without the possibility of parole for the premeditated killing of Robert Thunderhawk. The Supreme Court affirmed, holding (1) the…
Date: January 28, 2015
Citation: 2015 S.D. 5
Docket Number: 27034
Justia Opinion Summary: Sister and Brother were co-trustees of a family Trust established by the siblings' parents. Before their mother died, she entered into a contract for deed with Brother for the sale of 480 acres of trust farmland. After…
Date: January 28, 2015
Citation: 2015 S.D. 3
Docket Number: 27077
Justia Opinion Summary: The City of Hot Springs published a request for competitive proposals from private entities for utilization of real property owned by the City. Both Pete Lien & Sons, Inc. (“Lien”) and Croell Redi-Mix (“Croell”)…
Date: January 28, 2015
Citation: 2015 S.D. 4
Docket Number: 27145
Justia Opinion Summary: Plaintiff obtained a default judgment against Barker & Little, Inc. (BLI). BLI was a general partner in Barker & Little Limited Partnership III (BLLP) and the operating entity for the management of rental properties,…
Date: January 21, 2015
Citation: 2015 S.D. 1
Docket Number: 26914
Justia Opinion Summary: Appellant pleaded guilty to committing manslaughter in the first degree and was sentenced to an eighty-five-year term of imprisonment. Appellant did not directly appeal his sentence or the sentencing court’s acceptance…
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