South Dakota Supreme Court Decisions 2018

State v. Livingood  
Date: December 12, 2018
Citation: 2018 S.D. 83
Docket Number: 28422

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of two counts of sexual exploitation of a minor and one count of contributing to the abuse, neglect, or delinquency of a minor, holding that the evidence was sufficient t...

Zochert v. Protective Life Insurance Co.  
Date: December 12, 2018
Citation: 2018 S.D. 84
Docket Number: 28467

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s decision granting summary judgment in favor of Protective Life Insurance Company on Plaintiff’s complaint alleging breach of contract and bad faith, holding that there were...

In re Guardianship & Conservatorship of I.L.J.E.  
Date: December 12, 2018
Citation: 2018 S.D. 81
Docket Number: 28479

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court granting Mother's brother and sister-in-law’s petition for guardianship of Father’s child, holding that that, considering all the evidence in the record, the c...

Berbos v. Berbos  
Date: December 12, 2018
Citation: 2018 S.D. 82
Docket Number: 28570

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court denying Appellants’ motion to intervene in a partnership dissolution action, holding that Appellants failed to meet the tripartite test necessary for intervent...

Cedar v. Johnson  
Date: November 28, 2018
Citation: 2018 S.D. 80
Docket Numbers: 28441, 28453

Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the circuit court’s grant of Defendant’s motion for judgment as a matter of law in this action for alienation of affections, holding that the circuit c...

State v. Ledbetter  
Date: November 28, 2018
Citation: 2018 S.D. 79
Docket Number: 28501

Justia Opinion Summary: The Supreme Court affirmed the three consecutive fifteen-year sentences handed down by the circuit court after Appellant pleaded guilty to three counts of aggravated assault, holding that the circuit court did not err by...

In re Interest of M.D.  
Date: November 20, 2018
Citation: 2018 S.D. 78
Docket Number: 28545

Justia Opinion Summary: The Supreme Court affirmed the dispositional order terminating Father’s parental rights of his four-year-old son (Child) in this Indian Child Welfare Act case, holding that there was no trial court error in terminating F...

Dollar Loan v. S.D. Department of Labor & Regulation  
Date: November 14, 2018
Citation: 2018 S.D. 77
Docket Number: 28538

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s dismissal of an appeal from the cease and desist license revocation order of the South Dakota Department of Labor and Regulation, Division of Banking (Division) directing th...

Wegner v. Siemers  
Date: November 7, 2018
Citation: 2018 S.D. 76
Docket Number: 28537

Justia Opinion Summary: The Supreme Court dismissed Defendant’s appeal from a protection order entered in magistrate court, holding that this Court did not have appellate jurisdiction to consider this direct appeal. Defendant did not appeal th...

Bullinger & Lippert v. S.D. Public Assurance Alliance  
Date: October 31, 2018
Citation: 2018 S.D. 75
Docket Numbers: 28497, 28498, 28499, 28500

Justia Opinion Summary: In this consolidated appeal, the Supreme Court reversed the decision of the circuit court denying Appellants’ motions for an enlargement of time to serve their complaints and dismissing their actions against Appellee, ho...

Hiller v. Hiller  
Date: October 24, 2018
Citation: 2018 S.D. 74
Docket Number: 28294

Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the decision of the circuit court ordering Appellant to pay attorney fees incurred by his former spouse, Appellee, holding that the circuit court abuse...

Huston v. Martin  
Date: October 10, 2018
Citation: 2018 S.D. 73
Docket Number: 28365

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the circuit court’s dismissal of this challenge to a decedent’s pre-death conveyance, holding that Plaintiff may have an unjust enrichment claim against one of the...

American Legion Home Ass’n Post 22 v. Pennington County  
Date: October 10, 2018
Citation: 2018 S.D. 72
Docket Number: 28549

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s judgment affirming a hearing examiner’s decision that an exemption from taxation for real property be increased to 100 percent but reversed the award of attorney fees, holdi...

Fischer v. City of Sioux Falls  
Date: October 3, 2018
Citation: 2018 S.D. 71
Docket Number: 28406

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting summary judgment in favor of the City of Sioux Falls on Plaintiff’s complaint for negligence, holding that there was not a genuine issue of material f...

State v. Chase  
Date: October 3, 2018
Citation: 2018 S.D. 70
Docket Number: 28448

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of second-degree murder, holding that the circuit court did not err in denying Defendant’s motion to suppress evidence obtained as a result of an investigatory stop. Pri...

State v. Johnsen  
Date: September 26, 2018
Citation: 2018 S.D. 68
Docket Number: 28386

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant, a truck driver, of operating an overweight truck on a bridge, holding that Defendant’s arguments on appeal were unavailing. Specifically...

Thompson v. Lynde  
Date: September 26, 2018
Citation: 2019 S.D. 69
Docket Number: 28531

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Appellants’ application for a writ of mandamus to compel the Deuel County Auditor accept the three petitions submitted by Appellants seeking referendum on an ordin...

State v. Red Kettle  
Date: September 19, 2018
Citation: 2018 S.D. 66
Docket Number: 28374

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court entering an amended judgment of conviction ordering Defendant’s sentences to run concurrently to his corresponding federal sentences, holding that Defendant ha...

Domson, Inc. v. Kadrmas Lee & Jackson, Inc.  
Date: September 19, 2018
Citation: 2018 S.D. 67
Docket Number: 28401

Justia Opinion Summary: The Supreme court affirmed the judgment of the circuit court granting summary judgment in favor of Defendants in this action for summary judgment, holding that an exculpatory clause in a contract between the parties unam...

Fluth v. Schoenfelder  
Date: August 29, 2018
Citation: 2018 S.D. 65
Docket Number: 28116

Justia Opinion Summary: The Supreme Court reversed in part and affirmed in part the circuit court’s grant of summary judgment in favor of Larry Weisser, holding that Kayla Fluth’s satisfaction of judgment against Schoenfelder Construction, Inc....

ISG, Corp. v. PLE, Inc.  
Date: August 22, 2018
Citation: 2018 S.D. 64
Docket Number: 28269

Justia Opinion Summary: In this case asserting breach of contract and fraud, the Supreme Court reversed the order of the circuit court granting the motion filed by Portable Lift Equipment Inc. (PLE) for a new trial on the issue of damages, hold...

State v. Sharpfish  
Date: August 15, 2018
Citation: 2018 S.D. 63
Docket Number: 28303

Justia Opinion Summary: The Supreme Court dismissed the State’s intermediate appeal challenging the circuit court’s reversal of the magistrate court’s order denying Defendant’s motion to suppress, holding that there was no basis for an appeal t...

State v. Wayfair Inc.  
Date: August 9, 2018
Citation: 2018 S.D. 62
Docket Number: 28160

Justia Opinion Summary: After the United States Supreme Court vacated the judgment of the Supreme Court affirming the circuit court’s summary judgment in favor of Defendants, the Supreme Court reversed the circuit court’s grant of summary judgm...

State v. Randle  
Date: August 1, 2018
Citation: 2018 S.D. 61
Docket Number: 28126

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for unauthorized ingestion of a controlled substance and possession of two ounces or less of marijuana but reversed and remanded for a new trial Defendant’s conviction f...

State v. Ross  
Date: July 25, 2018
Citation: 2018 S.D. 59
Docket Number: 28407

Justia Opinion Summary: The Supreme Court affirmed the sentence imposed in connection with Defendant’s conviction for third-degree burglary, holding that the sentencing court had authority to alter its original sentence and that Defendant did n...

Hanson v. Big Stone Therapies, Inc.  
Date: July 25, 2018
Citation: 2018 S.D. 60
Docket Number: 28465

Justia Opinion Summary: The Supreme Court affirmed in part and in part reversed the judgment of the circuit court granting summary judgment in favor of Defendants, a physical therapy company and a hospital, on Plaintiffs’ negligence claims, hol...

Thompson v. Bear Runner  
Date: July 18, 2018
Citation: 2018 S.D. 57
Docket Number: 28152

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court granting Plaintiff’s petition for a protection order against Defendant for stalking and remanded the case to permit the court to identify which of Defendant’s...

Blue v. Blue  
Date: July 18, 2018
Citation: 2018 S.D. 58
Docket Number: 28426

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit partitioning one of two parcels of land Tom Blue and Jim Blue inherited as tenants in common, awarding Tom owelty, and denying Tom’s claims for improvements and rest...

State v. Kaline  
Date: July 11, 2018
Citation: 2018 S.D. 54
Docket Number: 28354

Justia Opinion Summary: The Supreme Court reversed Defendant’s conviction and sentence for possessing a controlled substance (methamphetamine), holding that the circuit court erred by denying Defendant’s motion to suppress evidence obtained fro...

Work v. Allgier  
Date: July 11, 2018
Citation: 2018 S.D. 56
Docket Number: 28454

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court granted summary judgment for Debtor in this breach of contract case brought by Creditor to recover unpaid installments under a promissory note. In moving for...

Gangle v. Spiry  
Date: July 11, 2018
Citation: 2018 S.D. 55
Docket Number: 28461

Justia Opinion Summary: In this action to quiet title to real property owned by Defendants under a claim of adverse possession, the Supreme Court reversed the order of the circuit court finding that Plaintiff was entitled to the disputed proper...

Harvieux v. Progressive Northern Insurance Co.  
Date: July 3, 2018
Citation: 2018 S.D. 52
Docket Number: 28159

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s grant of Progressive Northern Insurance Company’s renewed motion for summary judgment on Nicole Harvieux’s claims for bad faith and barratry. Harvieux filed an action under...

Lagler v. Menard, Inc.  
Date: July 3, 2018
Citation: 2018 S.D. 53
Docket Number: 28255

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court affirming the decision of the South Dakota Department of Labor and Regulation awarding Tammy Lagler, who suffered a workplace injury, permanent-total-disabilit...

Riggs v. Bennett County Hospital & Nursing Home  
Date: June 27, 2018
Citation: 2018 S.D. 51
Docket Number: 28092

Justia Opinion Summary: The Supreme Court reversed the circuit court’s decision affirming the determination of the South Dakota Department of Labor’s Division of Human Rights (DHR) that there was not probable cause to believe the allegations of...

State v. Bowers  
Date: June 27, 2018
Citation: 2018 S.D. 50
Docket Number: 28353

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Defendant’s motion to suppress evidence on the grounds that the police officer lacked reasonable suspicion to initiate an investigatory traffic stop and that t...

In re M.C.  
Date: June 20, 2018
Citation: 2018 S.D. 48
Docket Number: 28040

Justia Opinion Summary: The Supreme Court reversed in part a dispositional order in a child abuse and neglect proceeding that awarded Mother custody of the parties’ child, with supervised visitation rights for Father. On appeal, Father argued...

Stoebner v. Konrad  
Date: June 20, 2018
Citation: 2018 S.D. 47
Docket Number: 28201

Justia Opinion Summary: The Supreme Court dismissed this appeal from a circuit court order granting Defendant’s motion to compel arbitration, holding that no statutory authority existed to entertain the appeal as a matter of right. Plaintiffs...

In re Heupel Family Revocable Trust  
Date: June 20, 2018
Citation: 2018 S.D. 46
Docket Number: 28357

Justia Opinion Summary: At issue was not the circuit court’s subject matter jurisdiction over a trust but, rather, the circuit court’s authority to enforce an order. The beneficiary of the trust filed a motion for an order to show cause for wh...

South Dakota Commission on Gaming v. Johnson  
Date: June 20, 2018
Citation: 2018 S.D. 49
Docket Number: 28436

Justia Opinion Summary: The Supreme Court reversed the circuit court’s judgment reversing the decision of the South Dakota Commission on Gaming, which revoked Defendant’s gaming support license and banned him from entering any gaming establishm...

City of Rapid City v. Big Sky, LLC  
Date: June 13, 2018
Citation: 2018 S.D. 45
Docket Number: 28205

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court entering judgment on the jury’s general verdict in favor of real-estate developers (Developers) and against the City of Rapid City in this suit seeking to recove...

In re Keystone XL Pipeline  
Date: June 13, 2018
Citation: 2018 S.D. 44
Docket Number: 28331

Justia Opinion Summary: The Supreme Court vacated the decision of the circuit court affirming the decision of the South Dakota Public Utilities Commission issuing an order accepting the certification of TransCanada Keystone Pipeline LP that it...

Osboda v. Kelley-Osboda  
Date: June 6, 2018
Citation: 2018 S.D. 43
Docket Number: 28103

Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the judgment of the circuit court in these divorce proceedings. At the conclusion of the proceedings, the circuit court (1) accepted Wife’s valuation...

Center of Life Church v. Nelson  
Date: May 30, 2018
Citation: 2018 S.D. 42
Docket Number: 28188

Justia Opinion Summary: The circuit court did not err in denying Sellers’ motions for judgment as a matter of law and for a new trial in this case brought by Buyers against Sellers of a house alleging violation of statutory disclosure requireme...

Garrido v. Team Auto Sales, Inc.  
Date: May 23, 2018
Citation: 2018 S.D. 41
Docket Number: 28390

Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the judgment of the circuit court granting summary judgment for Defendant, a used-car dealer, on Plaintiffs’ claims alleging that the used vehicle they...

Zwart v. Penning  
Date: May 16, 2018
Citation: 2018 S.D. 40
Docket Number: 28306

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the circuit court’s judgment in favor of Plaintiffs awarding damages and an easement enabling Plaintiffs to install an independent tile line underneath Defendant’s...

Peterson v. South Dakota Board of Pardons & Paroles  
Date: May 16, 2018
Citation: 2018 S.D. 39
Docket Number: 28449

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court dismissing Appellant’s appeal from a letter sent by the South Dakota Board of Pardons and Paroles denying Appellant’s request to review her parole date again. Ap...

Madetzke v. Dooley  
Date: May 9, 2018
Citation: 2018 S.D. 38
Docket Number: 28295

Justia Opinion Summary: The Supreme Court affirmed the order of the habeas court denying Petitioner’s petition for a writ of habeas corpus arguing that his trial counsel’s assistance was ineffective in regard to his decision to plead guilty and...

Johnson v. Jackley  
Date: May 9, 2018
Citation: 2018 S.D. 37
Docket Number: 28379

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Appellants’ requested writ of certiorari to challenge an Attorney General’s ballot explanation of a proposed initiated measure that would limit the price state age...

State v. Abdo  
Date: April 25, 2018
Citation: 2018 S.D. 34
Docket Number: 28250

Justia Opinion Summary: The Supreme Court affirmed Appellant’s separate convictions and sentences for aggravated assault and escape. The Court held (1) the circuit court did not err in denying Appellant’s motion to suppress; (2) the circuit cou...

Giesen v. Giesen  
Date: April 25, 2018
Citation: 2018 S.D. 36
Docket Number: 28290

Justia Opinion Summary: In this divorce action, the Supreme Court affirmed the circuit court’s valuation of a bank account on a date other than the date of divorce, the decision to recapture into the marital estate the value of home improvement...

Estate of Stanton W. Fox  
Date: April 25, 2018
Citation: 2018 S.D. 35
Docket Number: 28430

Justia Opinion Summary: The Supreme Court dismissed Appellant’s appeal from a circuit court’s order revoking the clerk of court’s issuance of letters of appointment and the clerk’s statement of informal probate and appointment of personal repre...

Miller v. Young  
Date: April 18, 2018
Citation: 2018 S.D. 33
Docket Number: 28287

Justia Opinion Summary: The Supreme Court affirmed the judgment of the habeas court denying Appellant’s petition for a writ of habeas corpus. After a jury trial, Appellant was convicted of second-degree murder and aggravated assault. In his ha...

Winegeart v. Winegeart  
Date: April 11, 2018
Citation: 2018 S.D. 32
Docket Number: 28243

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court ordering Eryn Winegeart to sell real estate she owned jointly with her former spouse, Weston Winegeart, holding that the court did not err by ordering Eryn to sig...

Arendt v. Chamberlain  
Date: April 11, 2018
Citation: 2018 S.D. 31
Docket Number: 28388

Justia Opinion Summary: The Supreme Court affirmed the the circuit court’s classification and division of property in this divorce case in all but one respect as regards a clerical issue, which the Court remanded for clarification. Husband an...

State v. Quist  
Date: March 28, 2018
Citation: 2018 S.D. 30
Docket Number: 28270

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of second-degree murder. The Court held that the circuit court did not err in (1) failing to dismiss the indictment on the ground that Def...

Farm Bureau Life Insurance Co. v. Dolly  
Date: March 21, 2018
Citation: 2018 S.D. 28
Docket Number: 28273

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s partial denial of Plaintiffs’ partial denial of their request for preliminary injunctive relief against Defendant, their former agent, holding that the circuit court did not...

State v. Barry  
Date: March 21, 2018
Citation: 2018 S.D. 29
Docket Number: 28288

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court granting Defendant’s motion to suppress evidence found in the vehicle Defendant was driving, holding that, contrary to the circuit court’s finding, Defendant’s...

Estate of Ducheneaux v. Ducheneaux  
Date: March 14, 2018
Citation: 2018 S.D. 26
Docket Number: 28068

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court compelling Defendant to return real property transferred to him by his late father and the jury verdict requiring Defendant to pay general and punitive damages to...

Winslow v. Fall River County  
Date: March 14, 2018
Citation: 2018 S.D. 25
Docket Number: 28302

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order affirming the Department of Labor’s grant of summary judgment to Fall River County and against Plaintiff, a former County employee, who alleged that the County committ...

In re Dennis Snaza Family Trust  
Date: March 14, 2018
Citation: 2018 S.D. 23
Docket Number: 28338

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court ruling that an option agreement was void and ordering Wayne Snaza, as trustee of the Dennis Snaza Family Trust, to distribute the net income and residue of the pr...

Coester v. Waubay Township  
Date: March 14, 2018
Citation: 2018 S.D. 24
Docket Number: 28377

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Petitioners' petition for a writ of mandamus, in which Petitioners sought to force Waubay Township to maintain roads accessing their property. In denying the writ,...

Healy v. Osborne  
Date: March 14, 2018
Citation: 2018 S.D. 27
Docket Number: 28491

Justia Opinion Summary: The Supreme Court granted Plaintiff’s motion for a stay of a circuit court’s final judgment pending appeal and dismissed his appeal from a non-final judgment. In this property dispute, Plaintiff sued Defendant, and Defe...

State v. Dunkelberger  
Date: March 7, 2018
Citation: 2018 S.D. 22
Docket Number: 28245

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for first-degree robbery, holding that sufficient evidence supported the conviction. On appeal, Defendant argued that the trial court erroneously admitted a surveillanc...

Howlett v. Stellingwerf  
Date: February 28, 2018
Citation: 2018 S.D. 19
Docket Number: 27835

Justia Opinion Summary: The Supreme Court reversed the circuit court’s order granting full primary physical custody of Father’s minor child to the child’s maternal grandmother (Grandmother), holding that the circuit court erroneously analyzed t...

State v. Wills  
Date: February 28, 2018
Citation: 2018 S.D. 21
Docket Number: 28029

Justia Opinion Summary: The Supreme Court reversed Defendant’s convictions for first-degree rape and sexual contact with a child under the age of sixteen and remanded this case for a new trial, holding (1) the circuit court did not err in permi...

Hedlund v. River Bluff Estates, LLC  
Date: February 28, 2018
Citation: 2018 S.D. 20
Docket Number: 28289

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Appellants’ denial of their request for preliminary injunctive relief against River Bluff Estates, LLC, holding that Appellants did not demonstrate the need for pr...

Wyman v. Bruckner  
Date: February 21, 2018
Citation: 2018 S.D. 17
Docket Number: 27935

Justia Opinion Summary: The Supreme Court reversed the circuit court’s grant of partial summary judgment in favor of Defendant on Plaintiff’s claim that Defendant engaged in impermissible self-dealing in her capacity as the decedent’s attorney-...

State v. Lar  
Date: February 21, 2018
Citation: 2018 S.D. 18
Docket Number: 27951

Justia Opinion Summary: Under the Fourth Amendment, law enforcement may not require an arrestee to urinate into a specimen container as a search incident to a lawful arrest without a valid warrant. Defendant was convicted and sentenced for una...

Stern Oil Co. v. Brown  
Date: February 14, 2018
Citation: 2018 S.D. 15
Docket Number: 27937

Justia Opinion Summary: The Supreme Court reversed and remanded a jury award of $260,464 after the jury found in favor of Plaintiff on its breach of contract and fraud claims against Defendant. In Stern Oil I, Defendant appealed a judgment awa...

In re Issuance of a Summons Compelling an Essential Witness to Appear & Testify  
Date: February 14, 2018
Citation: 2018 S.D. 16
Docket Number: 28263

Justia Opinion Summary: The Supreme Court affirmed the circuit court order, entered after a hearing, summoning William Joseph Wilkie to appear and testify in an out-of-state criminal proceeding in Clay County, Minnesota but reversed and remande...

State v. Kryger  
Date: February 7, 2018
Citation: 2018 S.D. 13
Docket Number: 27869

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for first-degree murder, first-degree burglary, and second-degree rape, holding that the circuit court did not commit prejudicial error in any of the issues raised by De...

Jensen v. Menard, Inc.  
Date: February 7, 2018
Citation: 2018 S.D. 11
Docket Number: 28067

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court declining to instruct the jury on assumption of the risk in this negligence case. Ronald Jensen purchased plywood sheets from a Menard Inc. store. While an em...

In re Wintersteen Revocable Trust Agreement  
Date: February 7, 2018
Citation: 2018 S.D. 12
Docket Number: 28167

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s denial of Charlotte A. Wintersteen’s motion to amend her petition for court supervision of a trust to include a claim challenging the validity of the most recent amendment t...

McKie Ford Lincoln, Inc. v. Hanna  
Date: February 7, 2018
Citation: 2018 S.D. 14
Docket Number: 28267

Justia Opinion Summary: McKie Ford Lincoln, Inc. filed suit against Scott Hanna, its former sales manager, and Gateway Automotive, LLC, the automobile dealership Hanna owned, seeking to enforce a non-competition and disclosure agreement that Ha...

Steilen v. Cabela’s Wholesale, Inc.  
Date: January 24, 2018
Citation: 2018 S.D. 8
Docket Number: 27968

Justia Opinion Summary: At issue in this negligence case was whether the circuit court committed reversible error when it did not instruct the jury on the doctrine of res ipsa loquitur. Plaintiff was at a Cabela’s store when she brushed a hea...

Lippold v. Meade County Board of Commissioners  
Date: January 24, 2018
Citation: 2018 S.D. 7
Docket Number: 27976

Justia Opinion Summary: At issue was the Meade County Board of County Commissioners’ order approving incorporation of a proposed municipality of Buffalo Chip City and setting an election for voters to decide whether to assent to incorporation....

Laska v. Barr  
Date: January 24, 2018
Citation: 2018 S.D. 6
Docket Number: 28094

Justia Opinion Summary: In this second appeal regarding a contract dispute, the Supreme Court held that the circuit court did not err, on remand, in concluding that the contract created a right of first refusal and that the contract was void as...

In re Conservatorship of Bachand  
Date: January 24, 2018
Citation: 2018 S.D. 10
Docket Number: 28130

Justia Opinion Summary: At issue was whether a guardian’s attorney fees should be paid from a protected person’s estate when the fees were incurred in responding to pleadings to remove the guardian and to move the protected person to an assiste...

State v. Hale  
Date: January 24, 2018
Citation: 2018 S.D. 9
Docket Number: 28268

Justia Opinion Summary: The Supreme Court reversed the circuit court’s order rejecting the plea agreement between Defendant and the State. After Defendant and the State entered into a plea agreement the circuit court accepted Defendant’s guil...

State v. Bertram  
Date: January 10, 2018
Citation: 2018 S.D. 4
Docket Number: 28063

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of first-degree murder and sentencing him to life imprisonment. On appeal, Defendant argued that the circuit court (1) violated his Sixt...

Schaefer v. Sioux Spine & Sport  
Date: January 10, 2018
Citation: 2018 S.D. 5
Docket Number: 28214

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court granting summary judgment in favor of Defendant in this negligence action on the basis of a release signed by Plaintiff. After an automobile accident, Plaint...

State v. Phillips  
Date: January 3, 2018
Citation: 2018 S.D. 2
Docket Number: 28181

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court, rendered after a jury trial, convicting Defendant of aggravated assault (domestic) and simple assault (domestic). On appeal, Defendant challenged the circuit...

Harvey v. Regional Health Network  
Date: January 3, 2018
Citation: 2018 S.D. 3
Docket Number: 28200

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court granting summary judgment in favor of Employer and certain members of its management staff in this suit brought by Employee after Employee was terminated for alle...

McDowell v. Sapienza  
Date: January 3, 2018
Citation: 2018 S.D. 1
Docket Number: 28234

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s issuance of an injunction requiring modification or reconstruction of a new home but reversed the circuit court’s conclusion that the City of Sioux Falls owed adjacent prope...

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