South Dakota Supreme Court Decisions 2019

Bingham Farms Trust v. City Of Belle Fourche  
Date: August 14, 2019
Citation: 2019 S.D. 50
Docket Number: 28650

Justia Opinion Summary: The Supreme Court reversed the circuit court's order dismissing this action brought by Bingham Farms Trust objecting to a special assessment lien levied upon its property by the City of Belle Fourche and affirmed the cou...

State v. Sharpfish  
Date: August 14, 2019
Citation: 2019 S.D. 49
Docket Number: 28705

Justia Opinion Summary: The Supreme Court reversed the order of the magistrate court that Defendant's motion to suppress should be granted in accordance with an earlier order of the circuit court, holding that Defendant's constitutional rights...

Ridley v. Sioux Empire Pit Bull Rescue, Inc.  
Date: August 7, 2019
Citation: 2019 S.D. 48
Docket Number: 28668

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting summary judgment for Sioux Empire Pit Bull Rescue, Inc. (SEPR), Susan Tribble-Zacher and Harry Podhradsky on Darlette Ridley's personal injury complai...

State Farm Mutual Automobile Insurance Co. v. Miranda  
Date: August 7, 2019
Citation: 2019 S.D. 47
Docket Number: 28695

Justia Opinion Summary: The Supreme Court affirmed the circuit court's order denying State Farm Mutual Auto Insurance Company's motion for a new trial after a jury returned a general verdict in favor of Giyo Miranda and denying State Farm's req...

Zhang v. Rasmus  
Date: July 24, 2019
Citation: 2019 S.D. 46
Docket Number: 28524

Justia Opinion Summary: In this legal malpractice action against Plaintiff's former attorneys the Supreme Court reversed the order of the circuit court granting one attorney's motion to dismiss based on lack of personal jurisdiction and granted...

State v. Hauge  
Date: July 24, 2019
Citation: 2019 S.D. 45
Docket Number: 28630

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for theft by exploitation in an amount exceeding $5,000, holding that Defendant was not entitled to relief on any of his allegations of error. Specifically, the Court he...

State v. Podzimek  
Date: July 17, 2019
Citation: 2019 S.D. 43
Docket Number: 28703

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences for grand theft by deception and other offenses stemming from Defendant's excessive billing of Don Martin for mechanic work done to Martin's pickup, holdin...

Lammers v. State, ex rel. Department of Game, Fish & Parks  
Date: July 17, 2019
Citation: 2019 S.D. 44
Docket Number: 28808

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting summary judgment in favor of South Dakota Game, Fish & Parks (Department) on Landowner's action seeking a declaratory judgment and permanent injunctio...

Reck v. South Dakota Board of Pardons & Paroles  
Date: July 17, 2019
Citation: 2019 S.D. 42
Docket Number: 28839

Justia Opinion Summary: The Supreme Court affirmed the ruling of the circuit court affirming the decision of the South Dakota Board of Pardons and Paroles affirming the South Dakota Department of Correction's (Department) calculations of Appell...

Alone v. Brunsch  
Date: July 10, 2019
Citation: 2019 S.D. 41
Docket Number: 28688

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting third-party defendants' motion to dismiss a complaint filed against them for tortious conduct occurring exclusively on the Pine Ridge Indian Reservati...

Abata v. Pennington County Board of Commissioners  
Date: July 10, 2019
Citation: 2019 S.D. 39
Docket Number: 28704

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting Plaintiffs' motion for summary judgment in this declaratory judgment action challenging the validity of a zoning ordinance amendment passed by the Pen...

State v. McMillen  
Date: July 10, 2019
Citation: 2019 S.D. 40
Docket Number: 28734

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of four counts of rape in the fourth degree, one count of sexual exploitation of a minor, one count of solicitation of a minor, and a misdemeanor count of enticing a chil...

Briggs v. Briggs  
Date: July 2, 2019
Citation: 2019 S.D. 37
Docket Number: 28647

Justia Opinion Summary: In response to a certified question from the district court the Supreme Court declined to recognize a cause of action for tortious interference with inheritance or expectancy of inheritance, holding that adopting such a...

Lewis v. Garrigan  
Date: July 2, 2019
Citation: 2019 S.D. 38
Docket Number: 28706

Justia Opinion Summary: The Supreme Court dismissed as moot the order of the circuit court entering a protection order against Christopher Garrigan prohibiting Garrigan from coming within a distance of 100 yards of the children named in the pro...

In re Cleopatra Cameron Gift Trust  
Date: June 26, 2019
Citation: 2019 S.D. 35
Docket Number: 28424

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court concluding that the validity of a trust's spendthrift provision prohibiting direct payments of Cleopatra Cameron's child support obligation to her ex-husband,...

State v. Solis  
Date: June 26, 2019
Citation: 2019 S.D. 36
Docket Number: 28679

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of aggravated assault with a dangerous weapon and simple assault stemming from two separate incidents against Defendant's girlfriend, holding that the circuit court did n...

State v. Foote  
Date: June 19, 2019
Citation: 2019 S.D. 32
Docket Number: 28681

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for two counts of aggravated assault against a law enforcement officer, holding that the evidence was sufficient to support the convictions. Defendant gained control of...

Stathis v. Marty Indian School  
Date: June 19, 2019
Citation: 2019 S.D. 33
Docket Number: 28738

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court dismissing this suit against Marty Indian School (MIS), a legal entity of the Yankton Sioux Tribe, for a lack of subject matter jurisdiction based on federal pree...

Cameron v. Osler  
Date: June 19, 2019
Citation: 2019 S.D. 34
Docket Number: 28751

Justia Opinion Summary: The Supreme Court reversed the order of the circuit court granting the motion to dismiss filed by Waste Connections of South Dakota, Inc. on Kimberlynn Cameron's complaint, holding that Cameron properly initiated suit ag...

James v. State Farm Mutual Automobile Insurance Co.  
Date: May 29, 2019
Citation: 2019 S.D. 31
Docket Number: 28547

Justia Opinion Summary: In this declaratory relief proceeding, the Supreme Court affirmed the circuit court's denial of State Farm's motion for summary judgment and entered a judgment in favor of LeRoy James on his complaint alleging that State...

Tammen v. K & K Management Services, Inc.  
Date: May 22, 2019
Citation: 2019 S.D. 29
Docket Number: 28664

Justia Opinion Summary: In this negligence case, the Supreme Court affirmed the judgment of the circuit court finding that Defendant was not negligent, holding that Plaintiff's claims of error, many of which related to the jury instructions, we...

State v. Delehoy  
Date: May 22, 2019
Citation: 2019 S.D. 30
Docket Number: 28682

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of simple assault and kidnapping, holding that the trial court did not err in the proceedings below and that Defendant's sentence was not unconstitutional under the Eight...

Taylor v. Taylor  
Date: May 15, 2019
Citation: 2019 S.D. 27
Docket Number: 28550

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court dividing marital property, awarding spousal support and attorney fees to Kathleen Taylor in the underlying action for divorce, and...

State v. Short Bull  
Date: May 15, 2019
Citation: 2019 S.D. 28
Docket Number: 28783

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court affirming the magistrate judge's denial of Defendant's motion to suppress evidence obtained during a vehicle stop, holding the magistrate judge did not err by...

In re Tax Refund Of Hunt Companies, Inc.  
Date: May 1, 2019
Citation: 2019 S.D. 26
Docket Number: 28484

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court affirming Meade County's denial of Hunt Companies, Inc.'s request for an abatement and refund of taxes overpaid, holding that, although the County overvalued H...

State v. Scott  
Date: April 24, 2019
Citation: 2019 S.D. 25
Docket Number: 28487

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of two counts of aggravated assault by physical menace, holding that no error requiring reversal occurred in the proceedings below. A jury found Defendant guilty of the...

Shelstad v. Shelstad  
Date: April 24, 2019
Citation: 2019 S.D. 24
Docket Number: 28510

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting Father's motion to modify custody to award him primary physical custody of the parties' minor children, holding that the record supported the court's...

In re Interest of E.T.  
Date: April 17, 2019
Citation: 2019 S.D. 23
Docket Number: 28548

Justia Opinion Summary: The Supreme Court reversed the order of the circuit court granting the Oglala Sioux Tribe's motion to transfer jurisdiction of an abuse and neglect proceeding to tribal court, holding that the circuit court abused its di...

Wright v. Young  
Date: April 17, 2019
Citation: 2019 S.D. 22
Docket Number: 28686

Justia Opinion Summary: The Supreme Court dismissed this appeal from the habeas court's denial of Appellant's petition for writ of habeas corpus for lack of jurisdiction, holding that the certificate of probable cause issued by the circuit cour...

Larimer v. American Family Mutual Insurance Co.  
Date: April 10, 2019
Citation: 2019 S.D. 21
Docket Number: 28623

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court finding in favor of Plaintiff in this declaratory judgment action seeking underinsured motorist benefits under two insurance policies with Defendant, holding t...

Geidel v. De Smet Farm Mutual Insurance Co.  
Date: April 10, 2019
Citation: 2019 S.D. 20
Docket Number: 28627

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court granting summary judgment in favor of Defendant insurer in this breach of contract action, holding that Defendant did not have a duty to defend Plaintiff in a...

Leighton v. Bennett  
Date: April 3, 2019
Citation: 2019 S.D. 19
Docket Number: 28626

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting Defendant's counsel's motion to dismiss Plaintiff's personal injury action after Defendant died during the pendency of the action and Plaintiff failed...

State v. Stone  
Date: March 20, 2019
Citation: 2019 S.D. 18
Docket Number: 28293

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for second-degree murder, possession of a controlled substance, and possession of a firearm by a convicted drug offender, holding that no error occurred in the proceedin...

State v. Two Hearts  
Date: March 20, 2019
Citation: 2019 S.D. 17
Docket Number: 28433

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for first-degree robbery and aiding, abetting, or advising first-degree robbery stemming from two separate cases, holding that any error in the proceedings below was har...

State v. Swan  
Date: March 13, 2019
Citation: 2019 S.D. 14
Docket Number: 28450

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court convicting Defendant of second-degree murder, holding that the circuit court erred in failing to instruct the jury on the lesser-included offense of first-degr...

Maher v. City of Box Elder  
Date: March 13, 2019
Citation: 2019 S.D. 15
Docket Number: 28600

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court granting summary judgment in favor of the City of Box Elder on William Maher’s claim that the City negligently operated its water system and caused his waterli...

Olson v. Butte County Commission  
Date: March 13, 2019
Citation: 2019 S.D. 13
Docket Number: 28649

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court dismissing Appellants’ appeal of a decision of the Butte County Commission as untimely, holding that Appellants’ appeal was timely. The Commission held a publ...

In re Estate of Fox  
Date: March 13, 2019
Citation: 2019 S.D. 16
Docket Number: 28676

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court finding that Stanton Fox had died intestate, determining Fox’s heirs, and entering letters for co-personal representatives, holding that the circuit court did...

State v. Yeager  
Date: March 6, 2019
Citation: 2019 S.D. 12
Docket Number: 28455

Justia Opinion Summary: The Supreme Court affirmed Defendant’s sentence, imposing in connection with his conviction of second-degree rape, of forty years in the state penitentiary, with five years suspended, to run consecutive to the prison ter...

Anderson v. South Dakota Retirement System  
Date: February 20, 2019
Citation: 2019 S.D. 11
Docket Number: 28660

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court affirming the decision of the South Dakota Retirement System (SDRS) denying Debra Lee Anderson’s application for survivor spouse benefits under Deborah Cady’s ret...

Cooper v. Brownell  
Date: February 6, 2019
Citation: 2019 S.D. 10
Docket Number: 28559

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s orders granting Defendants’ motion to vacate default judgments and in granting summary judgment for Defendants in this personal injury action, holding that summary judgment...

State v. Roedder  
Date: January 30, 2019
Citation: 2019 S.D. 9
Docket Number: 28435

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for unauthorized possession of a controlled substance and admitting to five prior felony convictions but reversed Defendant’s sentence, holding that the record lacked a s...

State v. Uhre  
Date: January 23, 2019
Citation: 2019 S.D. 8
Docket Number: 28279

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s judgment convicting Defendant of first-degree rape, multiple counts of sexual contact with a child, and possessing, manufacturing, or distributing child pornography, holding...

Andersen v. Andersen  
Date: January 23, 2019
Citation: 2019 S.D. 7
Docket Number: 28565

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court dismissing this divorce action between Charlotte Anderson and Arthur Anderson, holding that the circuit court did not err in concluding that Arthur’s death depriv...

Skjonsberg v. Menard, Inc.  
Date: January 16, 2019
Citation: 2019 S.D. 6
Docket Number: 28438

Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court affirming the decision of the South Dakota Department of Labor and Regulation awarding partial summary judgment in favor of Claimant for existing medical expen...

Carsforsale.com v. South Dakota Department of Revenue  
Date: January 9, 2019
Citation: 2019 S.D. 4
Docket Number: 28472

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court affirming in part and reversing in part the decision of the South Dakota Department of Revenue issuing Carsforsale.com a certificate of assessment for alleged...

In re Drainage Permit of McAreavey  
Date: January 9, 2019
Citation: 2019 S.D. 3
Docket Number: 28525

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court determining that the Minnehaha County Board of Commissioners properly granted two drainage permits to Jason and Vernon McAreavey and dismissing Plaintiff’s cla...

Green v. Green  
Date: January 9, 2019
Citation: 2019 S.D. 5
Docket Number: 28541

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court in this appeal from a judgment and decree of divorce, holding that the court did not abuse its discretion in awarding attorney fees, calculating child support, an...

State v. Thomas  
Date: January 2, 2019
Citation: 2019 S.D. 1
Docket Number: 28393

Justia Opinion Summary: In this criminal case, the Supreme Court affirmed the decision of the circuit court admitting certain other acts evidence and denying Defendant’s motion for a mistrial, holding that the circuit court did not err in admit...

State v. Lewandowski  
Date: January 2, 2019
Citation: 2019 S.D. 2
Docket Number: 28583

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of first-degree felony murder, commission of a felony while armed with a firearm, and burglary in the first degree, holding that the circuit court properly denied Defenda...

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