South Dakota Supreme Court Decisions 2016

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.…

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…

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,…

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…

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…

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…

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…

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…

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…

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,…

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…

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…

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…

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.…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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)…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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.…

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…

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;…

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…

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,…

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…

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…

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…

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…