South Dakota Supreme Court Decisions 2024
Date: May 1, 2024
Citation: 2024 S.D. 25
Docket Number: 30152
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…
Date: April 24, 2024
Citation: LLC v. PLAINS TOWING & RECOVERY, LLC, 2024 S.D. 24
Docket Number: 30395
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…
Date: April 17, 2024
Citation: 2024 S.D. 22
Docket Number: 30146
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…
Date: April 17, 2024
Citation: 2024 S.D. 23
Docket Number: 30194
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…
Date: April 10, 2024
Citation: 2024 S.D. 20
Docket Number: 30166
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…
Date: April 10, 2024
Citation: 2024 S.D. 21
Docket Number: 30308
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…
Date: April 10, 2024
Citation: 2024 S.D. 19
Docket Number: 30314
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…
Date: April 3, 2024
Citation: 2024 S.D. 16
Docket Number: 30013
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…
Date: April 3, 2024
Citation: 2024 S.D. 18
Docket Number: 30028
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,…
Date: April 3, 2024
Citation: 2024 S.D. 17
Docket Number: 30106
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…
Date: March 13, 2024
Citation: 2024 S.D. 15
Docket Number: 29993
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…
Date: March 6, 2024
Citation: 2024 S.D. 14
Docket Number: 29978
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…
Date: February 28, 2024
Citation: 2024 S.D. 13
Docket Number: 30289
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…
Date: February 21, 2024
Citation: 2024 S.D. 12
Docket Number: 29952
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,…
Date: February 9, 2024
Citation: 2024 S.D. 11
Docket Number: 30488
Date: February 7, 2024
Citation: LLC, 2024 S.D. 7
Docket Number: 29851
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…
Date: February 7, 2024
Citation: 2024 S.D. 6
Docket Number: 30008
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…
Date: February 7, 2024
Citation: ET AL v. SANFORD HEALTH PLAN, INC., 2024 S.D. 9
Docket Number: 30207
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…
Date: February 7, 2024
Citation: 2024 S.D. 10
Docket Number: 30254
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…
Date: February 7, 2024
Citation: 2024 S.D. 8
Docket Number: 30280
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…
Date: January 31, 2024
Citation: 2024 S.D. 5
Docket Number: 30247
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.…
Date: January 17, 2024
Citation: 2024 S.D. 4
Docket Number: 29967
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…
Date: January 17, 2024
Citation: 2024 S.D. 3
Docket Number: 30145
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…
Date: January 10, 2024
Citation: INC. v. S.D. DEPARTMENT OF REVENUE, 2024 S.D. 1
Docket Number: 30217
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…
Date: January 10, 2024
Citation: 2024 S.D. 2
Docket Number: 30287
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…
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