South Dakota Supreme Court Decisions 2023

Justia Opinion Summary: In the case before the Supreme Court of the State of South Dakota, the dispute involves a married couple, Michael Erickson and Tara Erickson, who got divorced and had a stipulation and agreement (the Agreement)…

Justia Opinion Summary: In this case from the Supreme Court of South Dakota, the defendant, Matthew Allan Carter, was convicted of first-degree rape of a minor. The victim, referred to as E.W., was the five-year-old daughter of Carter's…

Justia Opinion Summary: In the case brought before the Supreme Court of the State of South Dakota, Elias Richard was convicted of second-degree murder for the shooting death of Vernall Marshall. Richard appealed the decision, arguing that the…

Justia Opinion Summary: In the case before the Supreme Court of the State of South Dakota, Love’s Travel Stops & Country Stores and One Shot, LLC, filed a petition against the City of Wall, South Dakota, City Council, and Planning and Zoning…

Justia Opinion Summary: A South Dakota resident, Abby Engel, commenced a divorce action against nonresident defendant Collin Geary in South Dakota. Geary objected to the jurisdiction of the South Dakota court and the sufficiency of the service…

Justia Opinion Summary: Austin McGee was involved in a car accident on a stretch of Highway 45 in South Dakota that was undergoing resurfacing. He claimed that the accident was caused by a negligent failure by the South Dakota Department of…

Justia Opinion Summary: In this case, the defendant, Manegabe Chebea Ally, was convicted of first-degree manslaughter for the death of a 16-month-old child. He was sentenced to a 45-year prison term with 20 years suspended. Following his…

Justia Opinion Summary: In this case heard by the Supreme Court of the State of South Dakota, Ivan and Donita Weber, who were married for less than four years, sought a divorce. Prior to their marriage, Donita owned significant assets,…

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court granting summary judgment in favor of State Farm Mutual Automobile Insurance Company in this lawsuit it brought seeking a declaration that it had no duty to…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the habeas court dismissing Appellant's petition for a writ of habeas corpus, holding that the court correctly applied res judicata to determine that Appellant could not…

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court granting summary judgment in favor of Jeffrey Cole, William Sims, and Gregory Brewers (collectively, the Attorneys) arising out the Attorneys' representation…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of first-degree manslaughter and sentencing her to forty years in prison with twenty years suspended, holding that Defendant was not entitled to relief on her allegations…

Justia Opinion Summary: In this will contest, the Supreme Court reversed the decision of the circuit court on remand granting Bender's renewed motion for judgment as a matter of law and motion for a new trial, holding that the jury verdict…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting summary judgment in favor of the South Dakota Department of Transportation (DOT) in the underlying action alleging that a newly-constructed median in…

Justia Opinion Summary: The Supreme Court vacated a portion of the circuit court's decision concerning public comment at some of the board meetings held by Rapid City Area School District 51-4 (RCAS) and affirmed the court's decision not to…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court granting the motion brought by Robert and Shannon Bathurst to dismiss the underlying lawsuit because a statute of limitations…

Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court granting summary judgment for Lakota Lakes and denying Emily Bialota's cross-motion for summary judgment in this quiet title action, holding that Bialota…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court denying the State's motion to dismiss the second petition for a writ of habeas corpus filed by David Lee in 2004, holding that Lee's claim for habeas relief…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court convicting Defendant of second-degree murder and sentencing him to forty years in prison, holding that Defendant was not entitled to relief on his allegations of…

Justia Opinion Summary: The Supreme Court affirmed on appeal two orders of the circuit court in which the court denied the requests brought by Mark and Annessee Brockley to hold Michael Trucano, the Michael J. Truman Living Trust, and Hickoks…

Justia Opinion Summary: The Supreme Court reversed the determination of the circuit court that the Day County Board of Adjustment could reconsider and modify a previously-granted variance, holding that the Board of Adjustment no longer had the…

Justia Opinion Summary: The Supreme Court reversed in part and remanded in part the judgment of the circuit court determining that Tom Smith Masonry had a valid mechanic's lien for the unpaid balance due under a construction contract with WIPI…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of first-degree manslaughter and aggravated assault and sentencing him to life imprisonment, holding that Defendant's sentence did not…

Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court granting summary judgment in favor of The Genevieve J. Parmely Revocable Trust asking the court to determine that an option agreement made with Brad Magness…

Justia Opinion Summary: The Supreme Court dismissed these two appeals involving unrelated juvenile adjudications and dispositions, holding that this Court lacked appellate jurisdiction over S.A.'s and E.B.'s respective appeals. At issue before…

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions of two counts of rape in the first degree and his sentence of two consecutive twenty-five-year prison terms, holding that the circuit court did not err in denying…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court dismissing this administrative appeal brought by Brittain Kovac from a final decision of the South Dakota Department of Labor of Regulation's Reemployment…

Justia Opinion Summary: In this case regarding the reformation of a trust the Supreme Court affirmed in part and reversed in part the judgment of the circuit court denying Sally Johnson's request for reimbursement from the trust for her…

Justia Opinion Summary: The Supreme Court held that S.D. Codified Laws 32-34-5, which punishes defendants for their failure to stop and comply with the requirements of S.D. Codified Laws 32-34-3, applies regardless of whether the defendant's…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court denying Appellant's requests for writs of mandamus and certiorari to reverse the Clay County Board of Adjustment's decision…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of ten counts of sexual contact with a child under age sixteen and one count of first-degree rape, holding that the State's failure to notify Defendant that Debra Hughes,…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the circuit court granting summary judgment in favor of Kevin Costner in this breach of contract case and dismissing the claims brought by Peggy…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of first-degree manslaughter, holding that the circuit court did not err in excluding polygraph evidence in its sentencing consideration. Defendant, who pled guilty to…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of first-degree robbery and sentencing him to forty years' imprisonment, holding that the circuit court did not err by denying Defendant's…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court denying Dakota Constructors, Inc.'s petition for a writ of certiorari challenging the decision of the Hanson County Board of Adjustment that Dakota would need…

Justia Opinion Summary: The Supreme Court affirmed the ruling of the circuit court that it did not have statutory authority to terminate Father's parental rights against his wishes in the absence of an adoption, holding that S.D. Codified Laws…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting and sentencing Defendant for second-degree murder and three counts of aggravated assault, holding that Defendant was not entitled to relief on his…

Justia Opinion Summary: The Supreme Court consolidated two appeals related to the circuit court's summary judgment rulings in the professional negligence lawsuit brought by Michael and Madelynn Hoven against Banner Associates, Inc. and remanded…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting Mother primary physical custody of the parties' two children in this case, holding that the circuit court's child custody determination was within the…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court in this appeal concerning damage caused to an airplane owned by Plaintiff, holding that this Court had jurisdiction and that there was no error in the damages…

Justia Opinion Summary: The Supreme Court reversed the judgment of the South Dakota Life and Health Guaranty Association denying the protests brought by the South Dakota Bankers Benefit Plan Trust as to the Association's assessment schedule it…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court that Defendant's conduct violated the provisions of S.D. Codified Laws 22-3-5, holding that the circuit court did not err. Defendant was convicted as an…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction on seven counts of violating a no contact order, holding that the circuit court did not err in denying Defendant's motions for mistrial and judgment of acquittal. During…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court reversing an administrative law judge's (ALJ) decision determining that Appellant was disqualified from receiving reemployment assistance benefits because he…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for possession of methamphetamine with intent to distribute, in violation of S.D. Codified Laws 22-42-4.3, holding that Defendant was not entitled to relief…

Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court to grant summary judgment to the Estate of Rose Beadle in this action seeking to determine title to Beadle's investment accounts, holding that the order was…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of hunting on private land without permission from the owner, in violation of S.D. Codified Laws 41-9-1, holding that, contrary to Defendant's assertion on appeal, the…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court in this divorce action, holding that there was error in the division of the parties' marital property and in the spousal support…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court denying the motion for partial summary judgment brought by the Estate of Robert T. Lynch as to its action against Kevin Lynch and…

Justia Opinion Summary: The Supreme Court reversed the order of the circuit court suppressing statements made by Defendant during the execution of a search warrant, holding that the circuit court erred in concluding that Defendant's statements…

Justia Opinion Summary: The Supreme Court reversed the administrative and circuit court decisions ordering Appellant to repay $14,080 in Pandemic Unemployment Assistance (PUA) benefits that Appellant had received under the Coronavirus Aid,…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court affirming the decision of the Deadwood Historic District Commission to deny a certificate of appropriateness sought by Harlan Kirwan to conduct renovations on…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of first-degree burglary, aggravated assault, and grand theft, holding that Defendant was not entitled to relief on his allegations of…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court's preliminary ruling that Appellant could provide testimony from an expert witness on the capacity of a ten-year-old alleged third-party perpetrator to have…

Justia Opinion Summary: In a previous decision involving a reporter’s request for information concerning an investigation involving Sanford, the South Dakota Supreme Court held that SDCL 23A-35-4.1 permits a circuit court to “seal the contents…

Justia Opinion Summary: The Supreme Court affirmed in part, reversed in part, and vacated Defendant's conviction of multiple offenses relating to the assault of his ex-wife and his later efforts to get the pending charges dismissed, holding…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the circuit court's judgment granting specific performance to the Estate of Gordon Campbell in this property dispute, holding that the circuit court erred by…

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court reversing the order of the Department of Public Safety disqualifying Russell Stanley's commercial driver's license (CDL) privileges, holding that the circuit…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the circuit court granting partial summary judgment to Plaintiffs in this tort action for damages arising from a motor vehicle accident in which…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting the petition filed by the administrator of the Human Services Center (HSC) to administer psychotropic medication to B.T. without his consent, holding…

Justia Opinion Summary: In this workers' compensation case, the Supreme Court affirmed the judgment of the circuit court dismissing Employee's appeal of the decision of the the administrative law judge (ALJ) dismissing Employee's petition…

Justia Opinion Summary: The Supreme Court reversed Defendant's misdemeanor conviction for intentional damage to property following a court trial, holding that the circuit court erred by accepting the argument of the prosecutor that intentional…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court granting summary judgment concluding that Plains Commerce Bank could not foreclose on certain trust real estate, that the…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of two counts of first-degree rape and two counts of sexual contact with a child under the age of sixteen, holding that Defendant was not entitled to relief on his claims…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of nine counts of third-degree rape involving J.C., holding that Defendant was not entitled to relief on any of his allegations of…

Justia Opinion Summary: The Supreme Court vacated a portion of the judgment and decree of divorce entered by the circuit court in this case, holding that the circuit court abused its discretion in determining Daniel Parker's military "monthly…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court affirming the decision of the Office of Hearing Examiners (OHE) reviewing the decision of the South Dakota Department of Labor and Regulation Division of…

Justia Opinion Summary: The Supreme Court reversed the circuit court's judgment accepting Plaintiff's adverse possession ownership claim and granting him an access easement under theories of prescriptive easement, easement by necessity, and an…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for attempted first-degree murder, four counts of aggravated assault, and commission of a felony while armed with a firearm, holding that there was no error in the…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court dismissing the claims brought by the Estate of Owen Thacker against Victoria Timm, holding that there was no error or abuse of discretion. The parties in this…