South Dakota Supreme Court Decisions 2017

Justia Opinion Summary: Sally Richardson alleged that her husband Michael forced her to work as a prostitute during the course of their marriage. Sally also alleged that Michael emotionally, physically, and sexually abused her, causing both…

Justia Opinion Summary: Dallas Schott, owner of Corson County Feeders, Inc., sued South Dakota Wheat Growers Association (SDWG), alleging its agronomist incorrectly prescribed a herbicide that Schott sprayed on his 2014 sunflower crop. The…

Justia Opinion Summary: Clint Bolton was charged with alternative counts of simple assault, a class 1 misdemeanor. Pursuant to a plea agreement, the State filed an amended complaint charging disorderly conduct, a class 2 misdemeanor. Class 2…

Justia Opinion Summary: In 2016, Berton Toavs shot and killed his girlfriend Eliza Edgins and his friend Nathan Gann at Toavs’s home in Faith, South Dakota. Toavs and Edgins were in an off-and-on romantic relationship for some time, and Gann…

Justia Opinion Summary: In this medical malpractice action, the Supreme Court affirmed the judgment of the circuit court excluding Appellants’ expert’s undisclosed rebuttal testimony and refusing Appellants’ jury instruction. Appellants, as…

Justia Opinion Summary: The Supreme Court reversed the circuit court’s decision awarding attorney’s fees assessed against opposing counsel for costs Defendant incurred in bringing a successful motion to disqualify opposing counsel for an…

Justia Opinion Summary: S.D. Codified Laws 58-11-9.4, which requires underinsured motorist (UIM) coverage in motor vehicle liability policies of insurance, does not limit UIM coverage to primary insurance policies and contemplates additional…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court granting Father joint custody of the parties’ child and a shared parenting child support cross-credit. At the time of their divorce, Mother and Father…

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s judgment affirming a certificate of assessment issued by the Department of Revenue requiring Valley Power Systems, Inc. to pay alternate contractor’s excise tax, use tax,…

Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court reversing the decision of the Pennington County Board of Commissioners reversing the decision of the Pennington County Planning Director approving a…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the judgment of the circuit court, through formal condemnation proceedings, approving the petition of Montana-Dakota Utilities Co. and Otter Tail Power…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court denying Defendant’s motion for a new trial. In State v. Bausch, the Supreme Court reversed Defendant’s convictions for sexual contact and remanded the case…

Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court denying Lawrence County’s motion to join the United States as an indispensable party to this action filed by various Landowners requesting that the County…

Justia Opinion Summary: The Supreme Court affirmed the sentence imposed upon Defendant to a five-year penitentiary term while Defendant was serving a probationary sentence imposed in a different criminal file. On appeal, Defendant argued that…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court in favor of Landowners on their inverse condemnation claim against the State seeking damages and a permanent injunction due to flooding on Landowners’…

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Landowners’ request that the State pay reasonable attorney’s fees and expenses pursuant to S.D. Codified Laws 5-2-18 and the Uniform Relocation Assistance and Real…

Justia Opinion Summary: The Supreme Court affirmed in part, reversed in part, and remanded the circuit court’s entry of summary judgment in favor of AutoTrac Inc. on Varner Beals’s tort claim of deceit and Beals’s contract claims of fraud and…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of first-degree murder and sentencing him to mandatory life in prison. The court held (1) the circuit court did not err in its evidentiary…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of threatening a judicial officer and disorderly conduct arising from statements Defendant made in the Minnehaha County Courthouse. At the…

Justia Opinion Summary: The Supreme Court reversed the circuit court’s order refusing to terminate an irrevocable trust and granted summary judgment in favor of the trustees. The sole beneficiary of the trust sought to terminate the trust and…

Justia Opinion Summary: In this insurance dispute, the Supreme Court reversed the circuit court’s order granting summary judgment for TSP, Inc. and remanded for entry of summary judgment in favor of Western National Mutual Insurance…

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Mother’s motion for a change of custody in which she sought primary physical custody of the parties’ son. When Mother and Father divorced, they agreed to share…

Justia Opinion Summary: The circuit court erred when it applied de novo review to a decision of the America Township Board of Supervisors and then reversed the Board’s decision downgrading a seven-mile stretch of road from full maintenance to…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court in this divorce case awarding Husband his interest in an LLC, requiring Husband to pay twenty-five percent of Wife’s student-loan debt, and ordering Husband to…

Justia Opinion Summary: The Supreme Court affirmed the habeas court’s denial of Appellant’s petition for habeas corpus relief. Appellant pleaded guilty but mentally ill to first-degree manslaughter and to second-degree rape. The circuit court…

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for second-degree murder. The court held (1) the circuit court did not err in allowing the State to present other acts evidence to the jury but did err in allowing a…

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of a motion for a new trial based on insufficient evidence filed by the South Dakota Department of Transportation (DOT), holding that the jury’s verdict was not…

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for unlawfully possessing a controlled substance, holding that the evidence was sufficient to prove that Defendant knowingly possessed oxycodone, a controlled drug. At…

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s dismissal of Plaintiff’s personal injury action as a sanction for Plaintiff’s failure to comply with two discovery orders and failure to pay an attorney’s fees sanction for…

Justia Opinion Summary: The Supreme Court reversed a circuit court order approving the redrafting of Dean Nelson’s will. The change in the will was proposed upon the petition of Dean’s conservator after Dean was diagnosed with Alzheimer’s…

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Mother and Stepfather’s (together, Petitioners) petition to have Stepfather adopt Mother’s child without the biological father’s (Father) consent.…

Justia Opinion Summary: The Supreme Court affirmed the determination of the circuit court finding that Plaintiffs ido not have an easement, either by grant or prescription, across Mineral Survey 1758 (M.S. 1758) into the adjoining Mineral…

Justia Opinion Summary: The Supreme Court affirmed Defendant’s termination from the drug-court program and subsequent revocation of suspension of execution of a four-year sentence. Contrary to Defendant’s arguments raised on appeal, the Supreme…

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of first-degree robbery and possession of a firearm by a convicted felon. Contrary to Defendant’s arguments on appeal, the court held (1) the State’s evidence was…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the denial of the circuit court’s motion to suppress the evidence obtained after law enforcement officers executed a search warrant for Defendant’s home and…

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Defendant’s motion to suppress evidence discovered after police officers executed a search warrant at Defendant’s home. During the search, officers found marijuana…

Justia Opinion Summary: The Supreme Court reversed the circuit court’s determination that a confidential settlement agreement entered into between the City of Sioux Falls and several contractors that built the Denny Sanford Premier Center in…

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of fourth-degree rape, holding that the circuit court had jurisdiction to enter the judgment even where Defendant did not receive a preliminary hearing after the State…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the circuit court’s judgment denying Landowners’ claims seeking to quiet title to their property and seeking a declaration that a certificate of renewal and…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting summary judgment for certain Internet sellers (Sellers) and enjoining the State from enforcing 2016 legislation extending the obligation to collect…

Justia Opinion Summary: The Supreme Court reversed the circuit court’s determination that Owners Insurance Company did not have a duty to defend Lowery Construction & Concrete, LLC in an action filed by homeowners Tony and Stephanie Hague. The…

Justia Opinion Summary: The Supreme Court affirmed the decision of the Brule County Board of Commissioners finding that Surat Farms LLC impermissibly altered an intermittent watercourse. Upon Albert Delany’s filing of a drainage complaint with…

Justia Opinion Summary: In this insurance coverage dispute, the Supreme Court affirmed the denial of summary judgment in favor of Insurer but reversed the denial of summary judgment in favor of General Contractor. Homeowners sued General…

Justia Opinion Summary: The Department of Game, Fish, and Parks appealed the administrative actions of Troy, Valley, and Butler Townships’ respective boards of supervisors that vacated portions of several section-line highways in Day County,…

Justia Opinion Summary: This case concerned the Douglas County Planning and Zoning Administrator’s grant of a building permit for a hog confinement unit. Landowners applied for a writ of mandamus compelling the Administrator and the Douglas…

Justia Opinion Summary: The case involved drainage issues between adjoining landowners. Robert and Nancy Rumpza and Zubke Brothers LLC (Brothers) brought this action against David and Marilyn Zubke seeking an injunction and damages. They…

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for eight offenses, rendered after a jury trial. The court held (1) the circuit court did not err in admitting certain out-of-court statements as res gestate evidence;…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court granting summary judgment in favor of Defendant on Plaintiff’s claim alleging negligence in constructing a retaining wall from which Plaintiff suffered an…

Justia Opinion Summary: The Supreme Court affirmed a jury verdict in favor of defendant David Stukel and reversed the circuit court’s decision requiring Stukel to pay a portion of the fee for an expert witness called by plaintiff Mervin…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the circuit court’s affirmance of the Board of Minerals and Environment’s determination that it had subject matter jurisdiction over a petition regarding mine…

Justia Opinion Summary: The Supreme Court vacated Defendant’s convictions for six counts of perjury but affirmed her convictions for six counts of offering false or forged instruments for filing. The convictions stemmed from Defendant’s act of…

Justia Opinion Summary: The Supreme Court reversed the circuit court’s dismissal of Standard Fire Insurance Co.’s case against Continental Resources Inc. pursuant to S.D. Codified Laws 15-6-12(b)(5). Standard Fire brought suit seeking statutory…

Justia Opinion Summary: The Supreme Court reversed the circuit court’s grant of summary judgment in favor of Ivey and Kornmann, a partnership, on the Partnership’s action brought against William Welk to collect on a debt, holding that the…

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s dismissal of Son’s action to invalidate amendments to Settlor’s revocable trust to expressly disinherit Son as well as the dismissal of Son’s breach of fiduciary duty claim…

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s termination of her parental rights to Child. Specifically, the court held (1) the circuit court’s interpretation of S.D. Codified Laws 16-22-6 did not result in the court…

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s issuance of protection orders in favor of Abigail Parker against both her husband Jordan Parker and Jordan’s sister, Jasmyn Bauer. The court (1) the court did not err in…

Justia Opinion Summary: Prior to the 2016 general election, Theresa Maule Rossow filed a nominating petition to seek election as state’s attorney in Brule County and then Lyman County. Dedrich Koch filed a separate nominating petition seeking…

Justia Opinion Summary: Ronald Johnson, a South Dakota State Penitentiary correctional officer, was murdered by two inmates during an escape attempt. Lynette Johnson, individually and on behalf of Ronald’s Estate (collectively, Johnson) sued…

Justia Opinion Summary: Buyers and Sellers entered into a contract for deed of property. The contract for deed indicated that Buyers were purchasing the home “as is” and that neither party made any representations or warranties except those…

Justia Opinion Summary: Defendant was convicted of several offenses charged in two indictments. The circuit court granted the State’s motion to join both indictments for trial. After a trial, Defendant was convicted of all offenses. Defendant…

Justia Opinion Summary: Defendant was convicted of one count of first-degree manslaughter and received a sentence of life imprisonment. Defendant appealed his sentence, arguing that the circuit court abused its discretion in light of other…

Justia Opinion Summary: Defendant was convicted of possessing cocaine and sentenced to imprisonment for five years, fully suspended on conditions. The Supreme Court affirmed, holding (1) Defendant’s Fourth Amendment rights were not violated…

Justia Opinion Summary: After discovering methamphetamine and drug paraphernalia in the home of Mother, Mother’s three children were removed from the home. The State initiated abuse and neglect proceedings against Mother, an enrolled member of…

Justia Opinion Summary: Appellant appealed his conviction of five counts of possessing child pornography. Appellant argued (1) there was insufficient evidence to prove that he knowingly possessed child pornography; (2) S.D. Codified Laws…

Justia Opinion Summary: Two township residents appealed the circuit court’s denial of their request that the court issue a writ of mandamus compelling the township to repair and maintain two secondary roads. The court concluded that the…

Justia Opinion Summary: Legendary Loan Link, Inc. filed suit against Todd Larson on a promissory note that was secured by certain property. Judge Robert Timm granted partial summary for Legendary Loan. Judge Timm subsequently retired, and the…

Justia Opinion Summary: Plaintiff, as the administrator of her brother’s estate, sued the owners of the group home where her brother resided, alleging that Defendants (1) negligently failed to provide her brother medical care in a timely…

Justia Opinion Summary: The circuit court granted Plaintiff’s petition requesting a stalking protection order against Defendant after conducting an evidentiary hearing. The Supreme Court affirmed, holding (1) the circuit court’s findings…

Justia Opinion Summary: A law enforcement officer need not have independent authority to make an arrest under S.D. Codified Laws 23A-3-2 before taking a person placed under a citizen’s arrest into custody and performing a search incident to…

Justia Opinion Summary: Defendant appealed his conviction for driving under the influence and following too closely, rendered after a jury trial. Defendant argued that the circuit court erred when it denied his motion to dismiss for the State’s…

Justia Opinion Summary: The Supreme Court reversed Defendant’s convictions of simple assault and intentional damage to property, holding that the circuit court erred as a matter of law in admitting purported business records - Verizon’s log of…

Justia Opinion Summary: Defendant appealed his convictions, entered after a jury trial, of three counts of first-degree rape and one count of sexual contact with a child under sixteen years of age. The child was Defendant’s four-year-old…

Justia Opinion Summary: The Supreme Court held that the circuit court did not err in concluding that the Smarter Balanced Assessment Consortium (SBAC), an educational consortium to which the State is a member, does not need congressional…

Justia Opinion Summary: The Supreme Court reversed the circuit court’s imposition of a three-year protection order barring Gregory Begnaud from all contact with his two minor children, concluding that the order was not statutorily authorized…

Justia Opinion Summary: Raymond Bennett, who was intoxicated and driving his motorcycle, entered a curve at a high rate of speed and drove into a ditch. He was killed in the accident. Several Highway Patrol troopers soon arrived to manage the…

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder and kidnapping. Defendant received concurrent, mandatory life sentences for the convictions. Defendant was fourteen years old when he committed the…

Justia Opinion Summary: In 2009, Defendant was convicted of aggravated criminal sexual abuse in Illinois. After he moved to South Dakota, Defendant was indicted on two charges of violating S.D. Codified Laws 22-24B-12, which requires registered…

Justia Opinion Summary: Twin brothers Ryan Alan Krause and Brian Michael Krause pleaded guilty to separate complaints alleging grand theft and four counts of unlawfully using a computer. The circuit court sentenced each of the Krauses to four…

Justia Opinion Summary: After a court trial, Defendant was found guilty of driving with a .08 percent blood alcohol content. Defendant also pleaded guilty to a part II information alleging that this was his second driving under the influence…

Justia Opinion Summary: In this appeal from the settlement of the estate of Fred Finch, Dean Anderson, a beneficiary, challenged the award of expenses, disbursements, and attorney’s fees to the personal representative, Coral Headrick.…

Justia Opinion Summary: Defendant pleaded guilty to sexual contact with a child under the age of sixteen. The circuit court sentenced Defendant to the mandatory minimum sentence of ten years’ imprisonment. Defendant appealed, asking that the…

Justia Opinion Summary: Defendant was convicted of driving under the influence. Defendant appealed, arguing that the trial court erred in denying his motion to suppress evidence resulting from a traffic stop, including the results of a blood…

Justia Opinion Summary: Defendant was convicted of first-degree murder and received a mandatory sentence of life in prison. Defendant was fourteen years old when he committed the offense. After the United States Supreme Court issued Miller v.…

Justia Opinion Summary: Prior to their marriage in 1993, Wife and Husband entered into a pre-marriage agreement (PMA) listing their assets and liabilities. In 2012, Husband sued Wife for divorce in Minnesota. The Minnesota court determined that…

Justia Opinion Summary: In 2003, Lester Bronson executed a power of attorney appointing Leslie “Butch” Bronson - his son - as his attorney-in-fact. In 2010, Lester informed his bank that he wished to add Butch as a joint owner on one of…

Justia Opinion Summary: Landowners in Day County filed a lawsuit against the South Dakota Department of Game, Fish and Parks (GF&P), Secretary Jeffrey Vonk, the State, and certain unnamed defendants who have used or intend to use the waters and…

Justia Opinion Summary: Thomas and Elizabeth Edgar entered into a lease agreement with Boyd and Merlyn Mills concerning land in Faulk County. Under the belief that he had an option to purchase the real estate at the conclusion of the lease…

Justia Opinion Summary: Sueellan Kline and her boyfriend, Douglas Strong, a parolee, lived together in a motel room. Parole agent Connie Johnson went to the motel room to obtain a urine sample from Strong. When Strong’s urine field-tested…

Justia Opinion Summary: Dustin Nelson filed an application for a conditional-use permit to construct and operate a concentrated animal-feeding operation in Grant County. The Grant County Board of Adjustment voted to approve the application.…

Justia Opinion Summary: David Knigge entered into an oral employment contract with Robert Knigge, who had cancer and a limited time to live, to manage a grocery store that was owned by Robert and his wife, Lynette. David alleged that the…

Justia Opinion Summary: Defendant pleaded guilty to one count of possessing a controlled substance. The circuit court departed from a presumptive sentence of probation and sentenced Defendant to four years in prison. Defendant appealed, arguing…

Justia Opinion Summary: After a jury trial, Defendant was convicted of four counts of rape in the first degree and two counts of sexual contact with a child under sixteen years of age. The Supreme Court affirmed in part and reversed in part,…

Justia Opinion Summary: After Keith Mendenhall and Lisa Swanson divorced, Keith brought a claim for slander against Lisa. Lisa counterclaimed for intentional infliction of emotional distress, invasion of privacy, slander, and alienation of her…