South Dakota Supreme Court Decisions 2016

Wipf v. Altstiel  
Date: December 21, 2016
Citation: 2016 S.D. 97
Docket Number: 27491

Justia Opinion Summary: Steven Wipf (Plaintiff) sued Dr. Terry Alstiel and Regional Health Physicians Inc. (Defendants) for medical malpractice, alleging that Dr. Altstiel accidentally perforated Wipf’s small bowel during a laparoscopic hernia...

Coffey v. Coffey  
Date: December 21, 2016
Citation: 2016 S.D. 96
Docket Number: 27721

Justia Opinion Summary: After Wife sought a divorce from Husband, the parties entered into a stipulation and agreement to divide their property and debt. The agreement awarded the martial home to Husband, divided responsibility for the two mort...

State v. Uhing  
Date: December 14, 2016
Citation: 2016 S.D. 93
Docket Number: 27473

Justia Opinion Summary: Defendant was convicted of seven drug-related offenses, six of which were felonies. The trial court sentenced Defendant to an aggregated sentence of forty-five years’ imprisonment and thirty days in the county jail. The...

Vandyke v. Choi  
Date: December 14, 2016
Citation: 2016 S.D. 91
Docket Number: 27740

Justia Opinion Summary: Jieun Choi and Jason Vandyke were married for about a year and a half before divorcing on the grounds of irreconcilable differences. A stipulation and settlement agreement was incorporated into the divorce decree that pr...

Hoffman v. Bob Law, Inc.  
Date: December 14, 2016
Citation: 2016 S.D. 94
Docket Number: 27748

Justia Opinion Summary: Homeowner’s fixtures encroached on Landowner’s property. Homeowner sued for an implied easement to keep the encroachments on the adjoining property. Landowner counterclaimed for trespass and sought a mandatory injunction...

In re Application of Black Hills Power, Inc.  
Date: December 14, 2016
Citation: 2016 S.D. 92
Docket Number: 27751

Justia Opinion Summary: Black Hills Power, Inc. (BHP), a public utility in South Dakota, filed an application to increase electric rates with the South Dakota Public Utility Commission. Black Hills Industrial Intervenors (BHII) filed a motion t...

Total Auctions & Real Estate, LLC v. S.D. Department of Revenue & Regulation  
Date: December 14, 2016
Citation: 2016 S.D. 95
Docket Number: 27804

Justia Opinion Summary: Total Auctions and Real Estate, LLC (Total Auctions) was a licensed automobile dealer that intended to hold automobile auctions in Lincoln County. Total Auctions met with a dealer agent employed by the Division of Motor...

State v. JB Enterprises, Inc.  
Date: December 7, 2016
Citation: 2016 S.D. 89
Docket Number: 27176

Justia Opinion Summary: JB Enterprises (JBE) owned property located on a corner lot abutting Cliff Avenue and 63rd Street in Sioux Falls. Prior to initiating a public improvement reconstructing the interchange at Interstate 90 and Cliff Avenue,...

State v. Miller  
Date: December 7, 2016
Citation: 2016 S.D. 88
Docket Number: 27198

Justia Opinion Summary: Prior to reconstructing the interchange at Interstate 90 and Cliff Avenues in Sioux Falls, the State instituted a quick-take condemnation action against two landowners (together, Defendants) and effected a partial taking...

Schleim v. S.D. Department of Transportation  
Date: December 7, 2016
Citation: 2016 S.D. 90
Docket Number: 27557

Justia Opinion Summary: Carlyle Schleim owned, and Farmers State Bank of Canton held a mortgage on, property located near an intersection that was closed in connection with the State’s reconstruction of the interchange between Interstate 90 and...

State v. Jones  
Date: December 7, 2016
Citation: 2016 S.D. 86
Docket Number: 27758

Justia Opinion Summary: Defendant pleaded guilty to one count of aggravated incest and four counts of abusing his children. Defendant was sentenced to a total of forty-seven years imprisonment and ordered to pay the Department of Social Service...

State v. Birdshead  
Date: December 7, 2016
Citation: 2016 S.D. 87
Docket Number: 27832

Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree manslaughter, commission of a felony with a firearm, and possession of a controlled weapon. Defendant appealed, arguing, inter alia, that the State committed...

State v. Pentecost  
Date: November 30, 2016
Citation: 2016 S.D. 84
Docket Number: 27696

Justia Opinion Summary: In this case, the Supreme Court held that the question of whether a defendant is “licensed or privileged to enter or remain” in an occupied structure hinges on whether the defendant is, under the totality of the circumst...

Western National Mutual Insurance Co. v. Gateway Building Systems, Inc.  
Date: November 30, 2016
Citation: 2016 S.D. 85
Docket Numbers: 27841, 27842

Justia Opinion Summary: Dakota Mill & Grain, Inc. filed suit against Gateway Building Systems, Inc. Gateway had purchased a commercial general liability insurance policy from Western National Mutual Insurance Company, which was in effect during...

State v. Diaz  
Date: November 22, 2016
Citation: 2016 S.D. 78
Docket Number: 27432

Justia Opinion Summary: Defendant was charged with murder and kidnapping. Defendant was a juvenile at the time of the crime. The State moved to transfer Defendant’s case to adult court. After a hearing, the juvenile court granted the State’s mo...

State v. Schrempp  
Date: November 22, 2016
Citation: 2016 S.D. 79
Docket Number: 27461

Justia Opinion Summary: Defendant was indicted for eight drug-related offenses. After a jury trial, Defendant was convicted of seven of the eight counts. Defendant appealed, arguing (1) the trial court erred by amending the indictment the day b...

State v. Kleven  
Date: November 22, 2016
Citation: 2016 S.D. 80
Docket Number: 27765

Justia Opinion Summary: Defendant was arrested and charged with driving under the influence after police officers approached a parked vehicle and found Defendant in the driver’s seat and smelled the odor of alcohol. Defendant filed a motion to...

Black v. Division of Criminal Investigation  
Date: November 22, 2016
Citation: 2016 S.D. 82
Docket Number: 27784

Justia Opinion Summary: Mark Black was hired as an agent of the South Dakota Division of Criminal Investigation (DCI) in 2005. Approximately one decade later, DCI terminated Black’s employment after a series of incidents and disciplinary action...

State v. Greenwood  
Date: November 22, 2016
Citation: 2016 S.D. 81
Docket Number: 27791

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of aggravated assault. Defendant was sentenced to twenty years in the state penitentiary. Defendant appealed, arguing that the trial court erred by allowing a nur...

State v. Rogers  
Date: November 22, 2016
Citation: 2016 S.D. 83
Docket Number: 27817

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder. The circuit court sentenced Defendant to life imprisonment without parole. Defendant appealed, challenging the circuit court’s denial of his motion to s...

Konrad v. Stoebner  
Date: November 2, 2016
Citation: 2016 S.D. 77
Docket Number: 27772

Justia Opinion Summary: Thomas Konrad and Myron Stoebner entered into a contract for the sale of real property. Under the contract, the Stoebners agreed to sell Konrad nine parcels of real estate. The contract contained an arbitration clause. W...

Hughbanks v. Dooley  
Date: October 26, 2016
Citation: 2016 S.D. 76
Docket Number: 27345

Justia Opinion Summary: In 2007, Appellant pleaded guilty to two counts of possession of child pornography and admitted that he was a habitual offender. Appellant did not directly appeal his conviction. Nearly seven years after his conviction b...

Novotny v. Sossan  
Date: October 26, 2016
Citation: 2016 S.D. 75
Docket Numbers: 27615, 27626, 27631

Justia Opinion Summary: Plaintiffs filed lawsuits against Defendants - a medical doctor, his medical clinic, two hospitals, and other individual defendants (collectively, Defendants) - alleging various causes of action, including negligence, ne...

In re Estate of Hubert  
Date: October 26, 2016
Citation: 2016 S.D. 74
Docket Number: 27793

Justia Opinion Summary: Bonnie Jean Pease executed a holographic will approximately seven months before her death. The will disinherited Pease’s mother, sister, and brother but not her brother Douglas Hubert. At issue before the circuit court w...

Hein v. Zoss  
Date: October 19, 2016
Citation: 2016 S.D. 73
Docket Number: 27530

Justia Opinion Summary: In 2005, Mother executed a power of attorney that appointed her son (Son) as her attorney-in-fact. Mother held a life estate in several properties to which her daughters (Daughters) held remainder interests. Prior to Mot...

Farmpro Services, Inc. v. Finneman  
Date: October 19, 2016
Citation: 2016 S.D. 72
Docket Numbers: 27695, 27706, 27695, 27706

Justia Opinion Summary: A landowner’s successor in interest, a landowner’s straw man, and judgment lien creditors engaged in competing attempts to redeem in two mortgage foreclosures. The successor in interest successfully redeemed from a judgm...

Pike v. Pike  
Date: October 5, 2016
Citation: 2016 S.D. 71
Docket Numbers: 27661, 27670

Justia Opinion Summary: This appeal concerned the circuit court’s resolution of a protracted post-decree dispute over the division of the parties’ property, a restaurant. The court resolved the property division dispute by awarding Husband the...

In re Ricard Family Trust  
Date: September 28, 2016
Citation: 2016 S.D. 64
Docket Number: 27601

Justia Opinion Summary: Maurice Ricard and his wife, Ella “Bernadette” Ricard, had five girls and one boy. Maurice had a will creating the Maurice M. Ricard Family Trust. The Trust provided that real property owned by Maurice would be held by t...

State v. Horned Eagle  
Date: September 28, 2016
Citation: 2016 S.D. 67
Docket Number: 27606

Justia Opinion Summary: Defendant was indicted with one count of second-degree rape. During his trial, Defendant requested access to summaries written by the prosecutor or by others in the prosecutor’s office documenting the victim’s oral decla...

Hernandez v. Avera Queen of Peace Hosp.  
Date: September 28, 2016
Citation: 2016 S.D. 68
Docket Number: 27662

Justia Opinion Summary: This lawsuit centered around the termination of the employment of Dr. Sonia Hernandez by Avera Queen of Peace Hospital (Avera). Hernandez brought suit against Avera and multiple persons associated with the hospital for,...

Underhill v. Mattson  
Date: September 28, 2016
Citation: 2016 S.D. 69
Docket Number: 27692

Justia Opinion Summary: At issue in this dispute was property that consisted of a one-car garage and the land on which it sat. The dispute involved several properties, including Lot 8A, the property formerly owned by Rocky Mattson, who used and...

Hyde v. Sully County Bd. of Adjustment  
Date: September 28, 2016
Citation: 2016 S.D. 65
Docket Number: 27702

Justia Opinion Summary: In 2015, the Sully County Board of Adjustment granted a conditional use permit (CUP) to Ring-Neck Energy & Feed, LLC for an ethanol plant. Petitioners filed a petition for writ of certiorari with the circuit court allegi...

Brant Lake Sanitary Dist. v. Thornberry  
Date: September 28, 2016
Citation: 2016 S.D. 66
Docket Number: 27743

Justia Opinion Summary: In 2007, Brant Lake enacted an ordinance regulating the use of public and private sewers and requiring connection to the public sewer. In 2014, Brant Lake notified Steven and Gloria Thornberry that, pursuant to the ordin...

Mordhorst v. Dakota Truck Underwriters  
Date: September 28, 2016
Citation: 2016 S.D. 70
Docket Number: 27771

Justia Opinion Summary: James Mordhorst was injured while working for Fischer Furniture. Almost one year later, Dakota Truck Underwriters and Risk Administration Services (collectively, Insurers) terminated all workers’ compensation benefits. T...

State v. Flowers  
Date: September 14, 2016
Citation: 2016 S.D. 63
Docket Number: 27682

Justia Opinion Summary: Defendant pleaded guilty to possession of a controlled substance, a Class 5 felony, and admitted the allegations of a habitual criminal information alleging that she had two prior felony convictions. Because of Defendant...

In re Estate of Flaws  
Date: August 31, 2016
Citation: 2016 S.D. 60
Docket Number: 27511

Justia Opinion Summary: Decedent named heirs in her will, but the heirs predeceased Decedent. Thus, Decedent’s estate became subject to the laws of intestate succession. The children of Decedent’s brother (collectively, Appellants) were designa...

In re Estate of Flaws  
Date: August 31, 2016
Citation: 2016 S.D. 61
Docket Number: 27515

Justia Opinion Summary: Decedent named heirs in her will, but the heirs predeceased Decedent. Thus, Decedent’s estate became subject to the laws of intestate succession. The children of Decedent’s brother (collectively, Appellants) were designa...

Rosebud Sioux Tribe v. Colombe  
Date: August 31, 2016
Citation: 2016 S.D. 62
Docket Number: 27587

Justia Opinion Summary: After Charles Colombe died, Wesley Colombe filed a petition for informal probate and was appointed as personal representative of Charles’s Estate. The Rosebud Sioux Tribe (RST) filed a notice of creditor’s claim seeking...

State v. Lerma  
Date: August 17, 2016
Citation: 2016 S.D. 58
Docket Number: 27450

Justia Opinion Summary: Defendant was stopped by a police officer because his vehicle’s left brake light was not working. Defendant was subsequently arrested for driving under the influence of alcohol. Defendant filed a motion to suppress. The...

Wedel v. Beadle County Comm’n  
Date: August 17, 2016
Citation: 2016 S.D. 59
Docket Number: 27539

Justia Opinion Summary: Westside Gilts RE, LLC submitted an application to the Beadle County Planning Commission for a conditional use permit (CUP) to construct and operate a concentrated animal feeding operation. The Planning Commission recomm...

State v. Bariteau  
Date: August 3, 2016
Citation: 2016 S.D. 57
Docket Number: 27567

Justia Opinion Summary: After a jury trial, Defendant was convicted of sexual contact with a child under sixteen years of age. Defendant appealed, arguing that there was insufficient evidence to support his conviction and that the prosecutor co...

State v. Smith  
Date: July 27, 2016
Citation: 2016 S.D. 55
Docket Number: 27321

Justia Opinion Summary: Defendant was charged with three counts of simple assault against a law enforcement officer, among other offenses. Defendant served a subpoena on the county sheriff requesting all disciplinary records and complaints cont...

State v. Johnson  
Date: July 27, 2016
Citation: 2016 S.D. 56
Docket Number: 27341

Justia Opinion Summary: Defendant was charged with two counts of simple assault against a law enforcement officer, among other offenses. Defendant served a subpoena on the county sheriff requesting all disciplinary records and complaints contai...

State v. Slotsky  
Date: July 27, 2016
Citation: 2016 S.D. 54
Docket Number: 27577

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded guilty to a charge of unauthorized ingestion of a controlled substance. At the change of plea hearing, the State agreed to recommend a light sentence with no jail time. At...

Kern v. Progressive Northern Ins. Co.  
Date: July 20, 2016
Citation: 2016 S.D. 52
Docket Number: 27521

Justia Opinion Summary: Kern was injured in a rear-end collision in which the other driver was at fault. Kern filed an underinsured motorist (UIM) claim with Progressive Northern Insurance Company, his insurance provider. Months of settlement n...

Heitmann v. American Family Mut. Ins. Co.  
Date: July 20, 2016
Citation: 2016 S.D. 51
Docket Number: 27549

Justia Opinion Summary: Dusty Groom’s handgun discharged, shooting Brody Heitmann in the head. Heitmann survived and sued Groom. Heitmann obtained a judgment against Groom and also obtained an assignment from Groom of Groom’s right to enforce c...

Papousek v. De Smet Farm Mut. Ins. Co.  
Date: July 20, 2016
Citation: 2016 S.D. 53
Docket Number: 27658

Justia Opinion Summary: After a severe storm, Richard and Lorayna Papousek discovered that ninety-three of their cattle were dead. It was determined that the cause of the cattle’s death was drowning. At the time, the Papouseks had in effect a f...

Magner v. Brinkman  
Date: July 13, 2016
Citation: 2016 S.D. 50
Docket Number: 27354

Justia Opinion Summary: Plaintiffs and Defendants owned abutting properties. This lawsuit centered on the drainage of water from Defendants’ property onto Plaintiffs’ property. Specifically, Plaintiffs contended that Defendants caused an increa...

State v. Martinez  
Date: July 6, 2016
Citation: 2016 S.D. 49
Docket Number: 27559

Justia Opinion Summary: Defendant pleaded guilty to first-degree burglary. The circuit court sentenced Defendant to twenty years in prison with four years suspended and credit for time served. Defendant appealed, alleging that he received ineff...

Lake Hendricks Improvement Ass’n v. Brookings County Planning & Zoning Comm’n  
Date: June 29, 2016
Citation: 2016 S.D. 48
Docket Number: 27598

Justia Opinion Summary: A county Board of Adjustment granted Developer a conditional use permit for a concentrated animal feeding operation. Petitioners challenged the Board’s decision, arguing that the Board did not have jurisdiction to grant...

Black Hills Truck & Trailer, Inc.  
Date: June 22, 2016
Citation: 2016 S.D. 47
Docket Number: 27413

Justia Opinion Summary: The Department of Revenue subjected several corporations owned by North American Truck & Trailer, Inc. (collectively, Taxpayers) to a sales-and-use-tax audit, which uncovered errors regarding Taxpayers’ reporting of use...

Tri-City Associates, LP v. Belmont, Inc.  
Date: June 1, 2016
Citation: 2016 S.D. 46
Docket Number: 27449

Justia Opinion Summary: Tri-City Associates, LP owned and operated the Northgate Shopping Center in Rapid City. It entered into a written lease agreement with Belmont, Inc. in April 2006 for unfinished commercial space. The unfinished commercia...

South Dakota v. Janis  
Date: May 18, 2016
Citation: 2016 S.D. 43
Docket Number: 27462

Justia Opinion Summary: A jury convicted Cleve Janis, Jr. of third-degree rape in 2015. Janis appealed, arguing that the circuit court erred when it admitted undisclosed expert testimony. Janis also argued that the prosecutor committed miscondu...

Schwan v. Burgdorf  
Date: May 18, 2016
Citation: 2016 S.D. 45
Docket Number: 27524

Justia Opinion Summary: Two members of a seven-member trust succession committee petitioned the circuit court for court supervision of the trust. Marvin M. Schwan owned and operated Schwan’s Sales Enterprises (a.k.a. The Schwan Food Company) un...

Interest of A.B.  
Date: May 18, 2016
Citation: 2016 S.D. 44
Docket Number: 27535

Justia Opinion Summary: Mother appealed the termination of her parental rights to A.B. She argued that the circuit court abused its discretion when it qualified the State’s witness as an expert under the Indian Child Welfare Act (ICWA) in light...

Upell v. Dewey Cty. Comm'n  
Date: May 18, 2016
Citation: 2016 S.D. 42
Docket Number: 27548

Justia Opinion Summary: The Dewey County Commission (the Commission) granted an application to erect a power distribution line in a section line right-of-way bordering Margaret Upell’s property. Upell filed a notice of appeal of the Commission’...

State v. Pursley  
Date: May 11, 2016
Citation: 2016 S.D. 41
Docket Number: 27445

Justia Opinion Summary: After a jury trial, Defendant was convicted of simple assault. Defendant appealed, arguing that the prosecutor’s reference to Defendant’s attorney in cross-examination and closing argument violated his Sixth Amendment ri...

State v. Ainsworth  
Date: May 11, 2016
Citation: 2016 S.D. 40
Docket Number: 27593

Justia Opinion Summary: Appellant pleaded guilty to simple assault. Appellant was sentenced to two years in the penitentiary - the maximum penalty - with no credit for time served. Appellant appealed, challenging the circuit court’s failure to...

Stark v. Weber  
Date: April 27, 2016
Citation: 2016 S.D. 38
Docket Number: 27500

Justia Opinion Summary: Appellant pleaded guilty to aggravated assault against a law enforcement officer. Appellant was sentenced to twenty-two years in prison. Appellant later filed a petition for writ of habeas corpus, arguing that his trial...

Riley v. Young  
Date: April 27, 2016
Citation: 2016 S.D. 39
Docket Number: 27501

Justia Opinion Summary: Appellant was convicted of possession of child pornography. The conviction was affirmed on direct appeal. Appellant later filed a pro se application for a writ of habeas corpus claiming that his jury trial was closed to...

State v. McCahren  
Date: April 20, 2016
Citation: 2016 S.D. 34
Docket Number: 27325

Justia Opinion Summary: After a jury trial, Defendant was found guilty of second-degree murder and aggravated assault. The Supreme Court affirmed, holding (1) the trial court’s decision to instruct the jury on second-degree murder did not depri...

Karst v. Shur-Co.  
Date: April 20, 2016
Citation: 2016 S.D. 35
Docket Numbers: 27348, 27362

Justia Opinion Summary: Richard and Susan Karst sued Shur Company and Wilson Trailer Company alleging defective design and improper warnings related to Shur’s electric-tarp system that Wilson Trailer included on a grain trailer it sold to Richa...

In re Guardianship of Novotny  
Date: April 20, 2016
Citation: 2016 S.D. 36
Docket Number: 27418

Justia Opinion Summary: Three individuals (the Conservators) were appointed guardians and conservators of Mary Novotny. The Conservators established the Mary D. Novotny Trust. Catherine Novotny was a beneficiary of the Trust, and the conservato...

Erickson v. Earley  
Date: April 20, 2016
Citation: 2016 S.D. 37
Docket Number: 27590

Justia Opinion Summary: Tyler Erickson filed a petition for a protection order against Austin Earley, a fellow hunter. The circuit court found in favor of Erickson, determining that Earley’s actions constituted stalking, and granted Erickson a...

Pitt-Hart v. Sanford USD Med. Ctr.  
Date: April 13, 2016
Citation: 2016 S.D. 33
Docket Number: 27568

Justia Opinion Summary: In November 2009, Plaintiff underwent a knee-replacement surgery at Sanford USD Medical Center. The day after the surgery, when he was still hospitalized, Plaintiff fell while walking with assistance from a patient-care...

State v. Liaw  
Date: April 6, 2016
Citation: 2016 S.D. 31
Docket Number: 27484

Justia Opinion Summary: After a jury trial, Defendant was convicted of second-degree kidnapping and criminal trespass. Defendant appealed, arguing that the trial court erred in declining to give Defendant’s proposed instructions defining specif...

State v. Sanders  
Date: April 6, 2016
Citation: 2016 S.D. 32
Docket Number: 27536

Justia Opinion Summary: Defendant pleaded guilty to forgery. The circuit court accepted the plea after determining that a factual basis existed for the plea. The court sentenced Defendant without objection. Defendant appealed, arguing that the...

Kolbach v. Kolbach  
Date: March 30, 2016
Citation: 2016 S.D. 30
Docket Number: 27366

Justia Opinion Summary: Mother and Father divorced in 2014 pursuant to a divorce decree awarding joint legal custody of the parties’ children with primary physical custody to Mother. The court allowed Mother to continue to reside in Sioux Falls...

In re Estate of Bickel  
Date: March 30, 2016
Citation: 2016 S.D. 28
Docket Number: 27451

Justia Opinion Summary: In this lengthy estate dispute, Testator’s daughter (Daughter) appealed several rulings of the circuit court, including the circuit court’s denial of her request for relief from an order under S.D. Codified Laws 15-6-60(...

Ageton v. Jackley  
Date: March 30, 2016
Citation: 2016 S.D. 29
Docket Number: 27485

Justia Opinion Summary: Then-State Representative Steve Hickey sponsored an initiated measure to be certified for the November 2016 general election that would, if adopted, impose a maximum finance charge against certain lenders for certain typ...

IN THE MATTER OF THE INTERPRETATION OF S.D. CONST. ART. XL § 2 AND VIII § 16
Date: March 24, 2016
Citation: 2016 S.D. 27
Docket Number: 27786
Gibson v. Gibson Family Ltd. P’ship  
Date: March 23, 2016
Citation: 2016 S.D. 26
Docket Number: 27476

Justia Opinion Summary: Delores Gibson and her two sons, Michael and Greg Gibson, created the Gibson Family Limited Partnership (GFLP). Delores served as the general partner, and Michael and Greg were limited partners. Michael filed suit agains...

State v. Kaufman  
Date: March 16, 2016
Citation: 2016 S.D. 24
Docket Number: 27444

Justia Opinion Summary: Defendant pleaded guilty in a South Dakota circuit court to driving under the influence and admitted to being a habitual offender. The magistrate court did not specifically inform Defendant that a guilty plea would impac...

State v. Olson  
Date: March 16, 2016
Citation: 2016 S.D. 25
Docket Number: 27547

Justia Opinion Summary: Defendant was convicted of driving under the influence and having an open container of alcohol in a motor vehicle. Defendant appealed, arguing that the magistrate court and circuit court erred by failing to suppress evid...

Black Hills Excavating Servs., Inc. v. Retail Constr. Servs., Inc.  
Date: March 9, 2016
Citation: 2016 S.D. 23
Docket Numbers: 27357, 27358

Justia Opinion Summary: Black Hills Excavating Services, Inc. (BHE) and Retail Construction Services, Inc. (RCS) entered into three subcontract agreements pursuant to which BHE agreed to perform construction services for RCS. BHE later filed su...

State v. Traversie  
Date: March 9, 2016
Citation: 2016 S.D. 19
Docket Number: 27447

Justia Opinion Summary: After a jury trial, Defendant was found guilty of six counts of kidnapping in the first degree, eleven counts of aggravated assault, possession of methamphetamine, and possession of methamphetamine with intent to distrib...

Aguilar v. Aguilar  
Date: March 9, 2016
Citation: 2016 S.D. 20
Docket Number: 27456

Justia Opinion Summary: Father filed for divorce from Mother and sought custody of Daughter. Mother’s sister, Aunt, intervened and sought custody of Daughter. The circuit court awarded custody of Daughter to Aunt, finding that Aunt sought custo...

In re Petition for Declaratory Ruling  
Date: March 9, 2016
Citation: 2016 S.D. 21
Docket Number: 27463

Justia Opinion Summary: James Leach, a South Dakota attorney who represents clients in workers’ compensation cases, petitioned the Department of Labor for a declaratory ruling regarding the application of a statute under which the Department ex...

In re Adoption of A.A.B.  
Date: March 9, 2016
Citation: 2016 S.D. 22
Docket Numbers: 27488, 27490

Justia Opinion Summary: The South Dakota Department of Social Services (DSS) received custody of two minor children after a circuit court terminated the parents’ parental rights through abuse and neglect proceedings. Petitioners were foster par...

State v. Rice  
Date: March 2, 2016
Citation: 2016 S.D. 18
Docket Number: 27385

Justia Opinion Summary: Defendant pleaded guilty to first-degree manslaughter and was sentenced to eighty years’ imprisonment with twenty years suspended. Defendant appealed, arguing that his sentence violates the Eighth Amendment’s prohibition...

Keinsasser v. Weber  
Date: March 2, 2016
Citation: 2016 S.D. 16
Docket Number: 27454

Justia Opinion Summary: Appellant pleaded guilty to first-degree murder. Appellant was sentenced to eighty years’ imprisonment and ordered to reimburse the county for costs of prosecution. Appellant later filed a petition for writ of habeas cor...

Lake Hendricks Improvement Ass’n v. Planning & Zoning Comm’n  
Date: March 2, 2016
Citation: 2016 S.D. 17
Docket Number: 27604

Justia Opinion Summary: Developers obtained a conditional use permit to build a dairy on Owner’s property in Brookings County. The City of Hendricks and others (collectively, City) filed a petition for writ of certiorari in circuit court challe...

Laska v. Barr  
Date: February 10, 2016
Citation: 2016 S.D. 13
Docket Numbers: 27386, 27402

Justia Opinion Summary: The Laskas entered into a contract involving real property with the Barr Partners. Believing the contract created an option, the Barr Partners attempted to buy the property listed in the contract. The Laskas contended th...

State v. Reinhardt  
Date: February 3, 2016
Citation: 2016 S.D. 11
Docket Number: 27194

Justia Opinion Summary: Defendant was convicted of simple assault. Defendant appealed, arguing that the circuit court (1) erred in refusing to give a definitive ruling, at the close of the State’s evidence, on his request for a self-defense jur...

State v. Golliher-Weyer  
Date: February 3, 2016
Citation: 2016 S.D. 10
Docket Number: 27412

Justia Opinion Summary: After a jury trial, Defendant was convicted of fourth-degree rape. The Supreme Court affirmed on appeal, holding (1) because the record was insufficient to allow for an appropriate review of Defendant’s argument that his...

Gores v. Miller  
Date: February 3, 2016
Citation: 2016 S.D. 9
Docket Numbers: 27438, 27446

Justia Opinion Summary: Fifteen-year-old Haley Gores was a passenger in a vehicle driven by Steven Smith when Smith lost control of the vehicle. Haley was treated by Dr. Lisa Miller for injuries she received during the accident. Dawn Gores, Hal...

State v. Fischer  
Date: February 3, 2016
Citation: 2016 S.D. 12
Docket Number: 27455

Justia Opinion Summary: Defendant was convicted of vehicular homicide, driving with alcohol in his blood or while under the influence of alcohol or drugs, possession of marijuana, and ingesting a non-alcoholic substance to become intoxicated. D...

State v. Chipps  
Date: January 27, 2016
Citation: 2016 S.D. 8
Docket Numbers: 27292, 27404

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of second-degree burglary and four counts of identity theft. Defendant subsequently pleaded guilty but mentally ill to grand theft. Defendant appealed, challenging...

State v. Hernandez  
Date: January 27, 2016
Citation: 2016 S.D. 5
Docket Number: 27308

Justia Opinion Summary: After a jury trial, Defendant was convicted of six counts of child rape and six counts of sexual contact with a minor. The Supreme Court affirmed, holding (1) the evidence was sufficient to show six sexual penetrations;...

Foster-Naser v. Aurora County  
Date: January 27, 2016
Citation: 2016 S.D. 6
Docket Number: 27370

Justia Opinion Summary: Travis Naser died in a one-vehicle accident that occurred at a T intersection at a dead-end road. The east-west road (“268th Street”) was located in Aurora County. Lynn Foster-Naser, Travis’s wife, brought suit against A...

In re Sales Tax Liability of USA Tire Mgmt. Sys., Inc.  
Date: January 27, 2016
Citation: 2016 S.D. 7
Docket Number: 27465

Justia Opinion Summary: USA Tire Management Systems Inc. entered into a contract with Great Western Bank to “take title to, remove, and transport” tires and casings from a foreclosed property that a bank was attempting to sell. After an audit,...

Estate of Card v. Card  
Date: January 13, 2016
Citation: 2016 S.D. 4
Docket Number: 27388

Justia Opinion Summary: In 1989, Decedent opened a savings account. In 2007, Decedent included her son (Son) and daughter as additional account owners. Decedent died in 2012. The next year, Son withdrew $17,554 from the account and placed the f...

State v. Fischer  
Date: January 6, 2016
Citation: 2016 S.D. 1
Docket Number: 27062

Justia Opinion Summary: After a jury trial, Defendant was convicted of possession of methamphetamine, possession of two ounces or less of marijuana, and possession of drug paraphernalia. The Supreme Court affirmed, holding (1) the circuit court...

Smizer v. Drey  
Date: January 6, 2016
Citation: 2016 S.D. 3
Docket Number: 27192

Justia Opinion Summary: Dorothy and Harlan Smizer were seriously injured when a vehicle driven by Christina Drey collided with the Smizers’ vehicle. The Smizers brought suit against Christina alleging negligence and seeking to recover compensat...

State v. Kvasnicka  
Date: January 6, 2016
Citation: 2016 S.D. 2
Docket Number: 27304

Justia Opinion Summary: A jury convicted Defendant of first-degree manslaughter by means of a dangerous weapon, vehicular homicide, vehicular battery, and driving under the influence. For reasons unrelated to this appeal, the Supreme Court reve...

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