South Dakota Supreme Court Decisions 2021

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting summary judgment to Bonnie London, the mother of person who shot plaintiff Sergeant John Koening of the South Dakota Highway Patrol, based on the…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court imposing a penitentiary sentence after Defendant pleaded guilty to two felonies, holding that the State's comments at sentencing did not breach its implied…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court dismissing Plaintiff's complaint against her father-in-law (Defendant) alleging child sex abuse, holding that the circuit court erred in granting summary…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court terminating the parental rights of Father, holding that any error committed by the circuit court did not prejudice Father. After a hearing, the circuit court…

Justia Opinion Summary: The Supreme Court affirmed the circuit court's dismissal of this election contest and its determination that Constitutional Amendment A was submitted to the voters at the November 3, 2020 election in violation of the…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for assault by a jail inmate - contract with bodily fluids, simple assault against an inmate, and threatening a law enforcement officer, holding that there…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court committing seventeen-year-old D.S. to the custody of the Department of Corrections (DOC) pursuant to S.D. Codified Laws 26-8C-7 after adjudicating him of…

Justia Opinion Summary: In this divorce action, the Supreme Court reversed the circuit court's valuation of the marital estate, inclusion of certain property in the marital estate, and determination that Kibbe Conti owed Russell Conti an…

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court order several search warrants involving the Implicated Individual in this case and corresponding inventories to be unsealed, holding that there was no…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court issuing a permanent protection order against Matthew Batchelder, holding that the circuit court's order did not rest upon sufficient factual and legal…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of second-degree murder but reversed the court's restitution order in part, holding that the restitution order did not comply with S.D. Codified Laws 23A-28-3. After…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the circuit court granting summary judgment dismissing Plaintiff's claims alleging improper distribution, fraud, unjust enrichment, breach of…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court declaring N.A. a delinquent child, holding that the circuit court erred by finding that Officer Brandon Bassett did not use excessive force against N.A. When…

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court granting summary judgment to Defendants, the City of Pierre and the Pierre Volunteer Fire Department (PVFD), in this personal injury action, holding that the…

Justia Opinion Summary: In this guardianship and conservatorship action, the Supreme Court affirmed the judgment of the circuit court granting the conservator's motion for approval of a settlement agreement reached in a separate civil action…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the circuit court granting summary judgment in favor of Defendants in this wrongful death suit, holding that the circuit court properly dismissed…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court determining that Arthur and Jerilyn Gregg were not estopped from asserting that their son-in-law, Tyler McGregor, had no rights in their cattle, and therefore,…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court dismissing Defendants' 2013 motion to enforce a purported settlement agreement and to compel arbitration and dismissing Defendants' claim for unjust enrichment…

Justia Opinion Summary: The Supreme Court affirmed the decision of the Department of Public Safety to disqualify Appellant's commercial driver's license (CDL) for one year after he pled guilty to driving under the influence (DUI) and received a…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court affirming the decision of the South Dakota Department of Labor and Regulation (Department) concluding that it lacked jurisdiction over Plaintiff's claim…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court affirming the decision of the Department of Labor and Regulation determining that a copy of a letter to Appellant's insurer seeking a review of his workers'…

Justia Opinion Summary: The Supreme Court vacated the order of the circuit court granting a petition to terminate a joint tenancy filed with the estate action of one of the deceased tenants without notice or a hearing, holding that the failure…

Justia Opinion Summary: The Supreme Court dismissed this appeal seeking review of four adverse pretrial decisions after the circuit court granted summary judgment on some of the parties' claims, holding that accepting appellate jurisdiction…

Justia Opinion Summary: The Supreme Court vacated Defendant's sentence imposed in connection with his guilty plea to first-degree manslaughter, holding that the district court abused its discretion in imposing the sentence. After a…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court denying both parties' summary judgment motions as to Plaintiff's 42 U.S.C. 1983 claims, holding that the circuit court erred in…

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court dismissing Appellants' creditor claim against the estate of John Calvin, holding that the circuit court properly dismissed the creditor claim. Calvin was the…

Justia Opinion Summary: The Supreme Court affirmed the final dispositional order of the circuit court terminating the parental rights of Mother and Father, the biological parents of C.R.W., holding that the circuit court did not err or abuse…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of driving a vehicle with alcohol in the blood in violation of S.D. Codified Laws 32-23-1(1), holding that the magistrate court's finding that Defendant provided valid,…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court granting partial summary judgment in favor of Smith Angus Ranch Inc. (SAR) on its claims for breach of fiduciary duty and self-dealing, holding that the…

Justia Opinion Summary: The Supreme Court reversed the circuit court's dispositional order terminating Mother's rights to her daughter, holding that the evidence did not establish that active efforts were made to reunify Mother and the…

Justia Opinion Summary: The Supreme Court reversed the circuit court's adjudication of I.T.B. as a delinquent child, holding that the evidence in the record was insufficient to support a determination that I.T.B. had made a terroristic…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of second-degree and first-degree manslaughter and sentencing Defendant to life in prison on the murder conviction, holding that that the…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of possession of a controlled substance and several misdemeanor offenses, holding that the circuit court did not err by denying Defendant's motion to dismiss for a…

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court granting summary judgment in favor of Roy and Kristen Maynard and dismissing the complaint against them brought by Robert and Sharlene Wilson, the owners of an…

Justia Opinion Summary: The Supreme Court answered a certified question in the positive and held that the costs incurred by Plaintiffs complying with an injunction in the underlying case were "damages" within the meaning of the policies with…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of one count of distributing a controlled substance and one count of possession of a controlled substance, holding that there was no…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the sentencing court revoking Defendant's suspended sentence, holding that the sentencing court did not abuse its discretion. Pursuant to a plea agreement, Defendant pled…

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court granting summary judgment in favor of Bennie Garber and Dakotaraptor, LLC on this action to quiet title to a section of roadway called Caster's Road filed by…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court reversing the decision of the Department of Labor denying Taylor Hughes's workers' compensation claim for an alleged work-related back injury, holding that the…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of second-degree rape and simple assault, holding that the circuit court did not err when it denied Defendant's motion for a judgment of acquittal on the second-degree…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court concluding that Sierra Club lacked standing to challenge the Clay County Board of Adjustment's decision affirming the issuance of…

Justia Opinion Summary: The Supreme Court denied a writ of mandamus requiring the Secretary of State Steve Barnett to appear and show cause why the Supreme Court should not issue a peremptory writ of mandamus directing him to approve Dakotans…

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court directing the Sully County sheriff to euthanize two dogs owned by Appellants as "vicious animals" under S.D. Codified Laws 7-12-29, holding that the circuit court…

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for second-degree murder, first-degree manslaughter, robbery, and additional offenses, holding that the circuit court did not err in overruling Defendant's objection to…

Justia Opinion Summary: The Supreme Court affirmed in part the decision of the circuit court granting partial summary judgment to Plaintiff on his complaint seeking an injunction and restraining order against Plowboy, LLC requiring Plowboy to…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court denying Appellant's motion for order to show cause why Appellee was not in contempt of the circuit court's judgment and decree of divorce, holding that the…

Justia Opinion Summary: The Supreme Court affirmed Defendant's sentence to life imprisonment without the possibility of parole in connection with his plea of guilty to aiding and abetting first-degree manslaughter, holding that Defendant's…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of three felony drug offenses in connection with the sale of methamphetamine to a confidential informant, holding that the circuit court…

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for vehicular homicide and driving under the influence, holding that the evidence was sufficient to support the convictions and that the circuit court's error in denying…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court denying Insureds' motion for attorney fees after they prevailed in their claims against Insurer, holding that the circuit court properly declined to award…

Justia Opinion Summary: The Supreme Court reversed the order of the circuit court applying the doctrine of equitable tolling, thus allowing Noreen French to bring an action against the Estate of Norman D. French to enforce a contract for deed…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court affirming the decision of the Department of Labor and Regulation denying Steven Billman's application for permanent total disability benefits, holding that the…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court reversing the judgment of the Department of Public Safety ordering Appellee's commercial driving privileges to be disqualified for one year, holding that…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the circuit court entering judgment in favor of Thomas Wright on his claims for negligence, breach of contract, and deceit, holding that the circuit…

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of driving under the influence of an alcoholic beverage (DUI), holding that the circuit court erred in denying Defendant a preliminary hearing. The State charged…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of two counts of aggravated assault and one count of simple assault against a law enforcement officer, holding that there was no error. On appeal, Defendant claimed,…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of rape, kidnapping, aggravated assault, burglary, and other offenses, holding that there was no prejudicial error in the proceedings below. Specifically, the Supreme…

Justia Opinion Summary: The Supreme Court affirmed Defendant's sentence entered after he pled nolo contendere to three counts of possession of child pornography pursuant to a plea agreement, holding that the sentence did not violate the Eighth…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of criminal solicitation of aiding and abetting first degree murder, holding that the circuit court did not err in denying Defendant's pretrial and post-trial motions, in…

Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court denying summary judgment on Plaintiffs' inverse condemnation claim and directed the entry of summary judgment dismissing this the Hamlin County Sheriff and…

Justia Opinion Summary: The Supreme Court reversed in part the decision of the circuit court concluding that J. Clancy, Inc.'s mechanic's liens placed against certain property were valid and unenforceable and rejecting J. Clancy's breach of…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court reversing the decision of the Deuel County Board of Adjustment granting special exception permits (SEP) to Deuel Harvest Wind…

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court affirming the decision of the Oglala Lakota County Commission denying Wings as Eagles Ministries, Inc.'s petition seeking an abatement of its property taxes…

Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court granting Defendant's motion to suppress statements he made to a state officer on the grounds that the officer lacked authority to investigate crimes in Indian…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court reversing and modifying the decision of the hearing examiner modifying the Roberts County Director of Equalization's tax…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court entering judgment in favor of Rapid City Medical Center (RCMC) and three of its doctors (collectively, Defendants) in this negligence action, holding that the…

Justia Opinion Summary: The Supreme Court reversed Defendant's convictions of three counts of grand theft by misappropriation of funds by a contractor, holding that the circuit court erred by denying Defendant's motion for judgment of…

Justia Opinion Summary: The Supreme Court affirmed the decision of the trial court denying Defendant's motion for a new trial, holding that the trial court did not abuse its discretion by failing to remove a potential juror for cause. A jury…