South Dakota Supreme Court Decisions 2024

Justia Opinion Summary: Maxton Pfeiffer shot and killed his friend Ty Scott while they were at their friend Cody Siemonsma’s apartment. Pfeiffer admitted to sweeping Siemonsma’s .45 caliber pistol in Scott’s direction and discharging it,…

Justia Opinion Summary: Matthew Fuller was convicted of possessing more than two ounces but less than one-half pound of marijuana, a felony, and was placed on supervised probation. After two subsequent arrests, the State petitioned to revoke…

Justia Opinion Summary: Zachary C. Dietz pleaded guilty to two counts of counterfeiting lottery tickets in two separate cases. The circuit court imposed five-year suspended sentences on each conviction. Later, the State filed petitions to…

Justia Opinion Summary: Mary Johnson entered into an oral agreement with her parents, Carl and Pearl Johnson, to obtain financing for constructing a small home on a parcel of land (Gertie Lode) they conveyed to her. In exchange, Mary and her…

Justia Opinion Summary: In October 2020, Cal SD, LLC purchased a property with a restrictive covenant that regulated property maintenance and improvements, including a prohibition on new construction within designated "no build" areas. The…

Justia Opinion Summary: Two defendants, Michael Waldner, Jr., and Mark Waldner, were indicted in Brule County, South Dakota, on charges of rape and sexual contact involving a minor, E.H. During the investigation, law enforcement obtained a…

Justia Opinion Summary: Arnson Absolu was convicted by a jury of three counts of first-degree murder for the deaths of Ashley Nagy, Charles Red Willow, and Dakota Zaiser. The murders occurred in Rapid City, South Dakota, in August 2020. Nagy…

Justia Opinion Summary: Christopher Schocker was convicted of aggravated assault against a law enforcement officer. The incident occurred when Officer Blake Swanson, a Game, Fish, and Parks conservation officer, received a tip about a poached…

Justia Opinion Summary: Danny Washington was convicted by a jury on multiple charges, including first-degree kidnapping, injury to personal property, and several counts of aggravated and simple assault. The charges stemmed from incidents…

Justia Opinion Summary: The Department of Social Services (DSS) filed an abuse and neglect petition concerning two minor children, N.K., Jr. and S.K., who are Indian children under the Indian Child Welfare Act (ICWA). The children were taken…

Justia Opinion Summary: A Sturgis police officer stopped a vehicle for a headlamp violation. The driver, who lacked identification, was found with methamphetamine and drug paraphernalia and was arrested. Wanda Edwards, the passenger, refused to…

Justia Opinion Summary: Fawna and Terry Goff were married in 2015 and had one child, M.G. In late 2021, Terry left the marital home in South Dakota for work in Texas and did not return, eventually starting a new relationship. Fawna allowed M.G.…

Justia Opinion Summary: Michael Arneson, while working for GR Management, LLC, suffered an electric shock that he claimed caused atrial fibrillation (AFib) and numbness in his right hand. The employer and its insurer paid for initial medical…

Justia Opinion Summary: In 1999, Marcus and Eunice Hollow Horn purchased a mobile home on a lot in Eagle Butte, South Dakota, and began paying rent to Oliver Leblanc, who claimed ownership. Later, Phyllis Miller claimed ownership and sold the…

Justia Opinion Summary: Joshua Jay Rose was charged with simple assault of his son, C.R., and faced trial in magistrate court. The first jury trial ended in a mistrial after the jury was deadlocked. During the second trial, the State moved for…

Justia Opinion Summary: Fawna and Terry Goff were married in 2015 and had one child, M.G. In late 2021, Terry left for work in Texas and did not return, pursuing a new relationship. Fawna allowed M.G. to visit Terry in Texas, but he refused to…

Justia Opinion Summary: Cody Heer was convicted of multiple drug-related offenses after selling methamphetamine to a confidential informant in a Walmart parking lot in Sioux Falls, with his child present. Heer was indicted on charges of…

Justia Opinion Summary: R.M., a minor, reported that Troy O’Brien, her mother’s boyfriend, had inappropriately touched her breasts and genital area on multiple occasions. O’Brien was charged with multiple counts of rape, sexual contact with a…

Justia Opinion Summary: A fire damaged a malt beverage store owned by A Maxon Company, LLC (AMC). Acuity Insurance Company sought a declaratory judgment to determine coverage under an insurance policy listing Greg and Tammy Weatherspoon as…

Justia Opinion Summary: Linda Ager Coyle, the personal representative of Fred Ager's estate, filed a motion for confirmation of a specific devise related to the proceeds from the sale of storage units Fred had owned. Fred's will directed that…

Justia Opinion Summary: Regina Goeden and Wayne Goeden were involved in a divorce proceeding where Wayne contested the circuit court's decisions on the validity of their premarital agreement, the valuation and division of marital property, the…

Justia Opinion Summary: Leslie Torgerson, a non-Indian, and Terri Torgerson, an enrolled member of the Sisseton Wahpeton Oyate Tribe (SWO), were married in South Dakota. Terri filed for divorce in the SWO tribal court, while Leslie filed for…

Justia Opinion Summary: Jerry Simon, the decedent, owned a ranching operation known as Simon Ranch, Inc. He had a will that left all his property to his only child, DeLynn Hanson. Jerry married Lynda Simon in 2011, after executing his will.…

Justia Opinion Summary: SCS Carbon Transport, LLC (SCS) plans to develop a pipeline network to transport carbon dioxide (CO2) through South Dakota. Several landowners (Landowners) along the proposed route refused to allow SCS pre-condemnation…

Justia Opinion Summary: Acuity issued a commercial auto policy to Terra-Tek, LLC, which included John Waba and Sheila Foreman as additional named insureds. Waba was injured in an auto accident with an underinsured motorist while driving a…

Justia Opinion Summary: Kevin Jucht and Nathan Schulz are neighboring farmers. Jucht sued Schulz, alleging that Schulz's chemical spray drifted onto Jucht's property, damaging his soybeans. Jucht reported the incident to the South Dakota…

Justia Opinion Summary: Dakota Bail Bonds (DBB) posted bonds for two criminal defendants who violated their conditions of release but did not fail to appear in court. The circuit court forfeited the bonds, interpreting SDCL 23A-43-21 as…

Justia Opinion Summary: FDJ, LLC, Richard Flugge, and LeAnn Julius (Plaintiffs) sued Ross Determan, alleging he breached a covenant not to compete after selling his accounting practice to them. Determan counterclaimed, asserting the LLC failed…

Justia Opinion Summary: Steven and Jennifer Condron were granted a divorce in September 2019. The divorce decree included a division of assets and ordered Steven to pay Jennifer a combination of permanent and rehabilitative alimony. Steven was…

Justia Opinion Summary: The City of Custer applied for a permit from the South Dakota Department of Agriculture and Natural Resources (DANR) to discharge treated wastewater into French Creek as part of an upgrade to its wastewater treatment…

Justia Opinion Summary: Beau Foote Sr. was convicted of aggravated assault on a law enforcement officer with a deadly weapon and resisting arrest. In September 2017, law enforcement officers attempted to arrest Foote at a trailer home in Fort…

Justia Opinion Summary: Michael O’Neal was charged with fifteen counts of possession of child pornography following an investigation that included the warrantless seizure of his cell phone and a subsequent search of the phone pursuant to a…

Justia Opinion Summary: In October 2014, while guiding a hunting party on their property, the Olsens' son observed a crop duster spraying herbicide, which allegedly damaged the Olsens' ponderosa pine trees. The Olsens claimed the herbicide…

Justia Opinion Summary: Charles Joseph Burkard sued Tami Jo Burkard for divorce in 2012, and they agreed to share joint legal and physical custody of their two children, with Charles paying $1,000 per month in child support. In 2022, their…

Justia Opinion Summary: Kaleb Ironheart was charged with first-degree robbery and aggravated assault after stealing a bottle of liquor from a grocery store. The store manager, Francis Gergen, noticed Ironheart acting suspiciously, saw him grab…

Justia Opinion Summary: The case revolves around a dispute over the ownership of five parcels of land in Aurora County, South Dakota. The plaintiff, Edward Mohnen, initiated a quiet title action to determine the ownership of these parcels,…

Justia Opinion Summary: The case involves a dispute between Julie and Gary Liebel, who married in 2010 and divorced in 2022. Prior to their marriage, they had signed a premarital agreement stating that each party's assets would remain separate…

Justia Opinion Summary: Harry David Evans, serving a life sentence for six criminal offenses including kidnapping, rape, burglary, assault, stalking, and violating a protection order, filed a writ of habeas corpus alleging ineffective…

Justia Opinion Summary: The case involves Wesley Castle's petition to adopt his stepchildren, I.V.E., C.A.E., and L.A.E. The children's biological father and ex-husband of Wesley's wife, Isaac Ellsaesser, objected to the petition, arguing that…

Justia Opinion Summary: Brandon Hahn was convicted by a jury for intentional damage to property, with the damage amount totaling more than $1,000 but less than $2,500. The property in question was the front door of 88-year-old Delores Moen's…

Justia Opinion Summary: The case involves Melissa Palmer, who applied for Pandemic Unemployment Assistance (PUA) benefits due to loss of income from her self-employment as a sign-language interpreter during the COVID-19 pandemic. Despite…

Justia Opinion Summary: Miranda Ann Henry, also known as Crystal Trinity Pumpkinseed, was sentenced to 75 years for first-degree manslaughter for the death of her boyfriend, Christopher Mexican. Henry had been released from prison on parole…

Justia Opinion Summary: The case involves J and L Farms, Inc. (J&L), a South Dakota company, and First Bank, a Florida banking corporation. J&L had an ongoing business relationship with Jackman Wagyu Beef, LLC (Jackman), a Florida-registered…

Justia Opinion Summary: The case involves MRose Development Co., LLC and Jason Schumacher (MRose) who sought to develop farmland located along Swan Lake in Turner County into 15 lakefront lots. The land was currently included in an agricultural…

Justia Opinion Summary: Brandon Scott was convicted of grand theft, a Class 5 felony, after he pled guilty to stealing a Ford F-350 pickup. The theft was part of a series of events that included breaking into a store and damaging property.…

Justia Opinion Summary: The case involves James Joseph Lanpher, Jr., who pleaded guilty to two counts of aggravated assault against a law enforcement officer and admitted to being a habitual offender. The charges stemmed from a dangerous…

Justia Opinion Summary: A Mexican national, J.R., who worked seasonally in Sully County, South Dakota, required emergency medical treatment for appendicitis. He was taken to Avera St. Mary’s Hospital in Hughes County, where he received…

Justia Opinion Summary: The case involves Scotlynn Transport, LLC and Plains Towing and Recovery, LLC, disputing the ownership of a semi-tractor. The semi-tractor, owned by Scotlynn, was involved in an accident and subsequently towed by Plains…

Justia Opinion Summary: In October 2019, Max Bolden shot and killed Benjamin Donahue outside a club in Sioux Falls, South Dakota. Bolden was indicted for first-degree murder, second-degree murder, and possession of a firearm by a convicted…

Justia Opinion Summary: The case revolves around a dispute over the estate of Neil Smeenk. Denise Schipke-Smeenk, Neil's wife, and Ryan Smeenk, Neil's son, are the parties involved. Denise and Neil had executed mutual and reciprocal wills in…

Justia Opinion Summary: The case involves a dispute over the will of Dennis Schmeling, who left his farmland to his sister-in-law, Sharon, in his 2021 will. Two of Dennis's brothers and one nephew contested the will, alleging undue influence by…

Justia Opinion Summary: Tristen Simonsen was convicted on two counts of solicitation of a minor, one count of sexual contact with a minor under the age of sixteen, and one count of rape in the fourth degree. The court did not specify during…

Justia Opinion Summary: Lonnie Reidburn, a self-employed insurance agent, appealed a decision by the South Dakota Department of Labor, Reemployment Assistance Division (Department) that he must repay $24,690 in pandemic unemployment benefits he…

Justia Opinion Summary: Matthew Feucht was found guilty of possession of a controlled substance and was sentenced to nine years in prison with four years suspended. The case arose when Feucht's daughter discovered bags of marijuana in their…

Justia Opinion Summary: The case involves Keaton Van Der Weide, who was accused of raping S.O., his on-and-off partner and mother of his child. S.O. alleged that Van Der Weide sexually assaulted her after she returned home from a night out,…

Justia Opinion Summary: Paul Trueblood was charged with multiple offenses, including second-degree rape, following a sexual encounter with D.B.L. After a mistrial due to D.B.L. contracting COVID-19, the State presented additional evidence to a…

Justia Opinion Summary: In South Dakota, Adil Osman was suspected of driving under the influence and leaving the scene of an accident. He was identified by two witnesses through a show-up identification procedure. The witnesses saw a man near a…

Justia Opinion Summary: In South Dakota, defendant Tashina Abraham-Medved was charged with unauthorized ingestion of a controlled substance. After pleading guilty, her attorney requested to withdraw from the case due to a "serious breakdown of…

Justia Opinion Summary: In South Dakota, Kenneth Leroy Kurtz pleaded guilty to possession of a controlled substance. The circuit court determined there were aggravating circumstances that justified a departure from the presumptive probation…

Justia Opinion Summary: The Supreme Court of South Dakota heard the case of Steven Foshay, who was deemed incompetent to stand trial on four criminal charges in 2017. He was committed to a state facility for competency restoration treatment,…

Justia Opinion Summary: In South Dakota, Emily Bialota sought to gain title to a property previously owned by Lakota Lakes, LLC, which was sold at a tax sale due to unpaid property taxes. Bialota argued that she had properly served Lakota Lakes…

Justia Opinion Summary: In the case before the Supreme Court of the State of South Dakota, petitioners Tammy Bohn, Justin Bohn, and Brenda Vasknetz (collectively, the Citizens) sought a writ of mandamus against several city officials after the…

Justia Opinion Summary: In this case, a group of healthcare providers (Providers) sued the insurer Sanford Health Plan, Inc. (SHP) for excluding them from participating in some of its health benefit plans. The Providers argued that according to…

Justia Opinion Summary: In South Dakota, realtor Joshua Uhre, who owns Uhre Realty Corporation (URC) and Uhre Property Management Corporation (UPM), had a dispute with Benjamin and Leslie Tronnes over the sale of their property. The Tronneses…

Justia Opinion Summary: In the case before the Supreme Court of the State of South Dakota, a Minnesota-based company, Ellingson Drainage, Inc., was charged a use tax by the South Dakota Department of Revenue (DOR) after an audit revealed…

Justia Opinion Summary: The Supreme Court of South Dakota affirmed the lower court's decision to grant summary judgment in favor of Charles Redlin and First Interstate Bank. The case arose out of a dispute involving the Helene M. Redlin Trust.…

Justia Opinion Summary: In the case before the Supreme Court of the State of South Dakota, the defendant, Robert Horse, appealed his conviction of third-degree rape. The defendant raised three main issues: the validity of a search warrant for…

Justia Opinion Summary: In South Dakota, Todd Stevens was convicted on six counts related to drug possession and distribution. The state's key witness was Ashley Burgers, Stevens' former roommate and fellow methamphetamine user, who testified…

Justia Opinion Summary: In South Dakota, McLane Western, Inc. and McLane Minnesota, Inc., South Dakota-licensed wholesalers of tobacco products, purchased Other Tobacco Products (OTP) from U.S. Smokeless Tobacco Brands, Inc. (UST Sales), who in…

Justia Opinion Summary: In 1999, Bernard Stockwell had his agriculturally zoned property in McCook County, South Dakota, replatted into five individual lots. In 2022, he sought an opinion from the McCook County Zoning Administrator on the…