South Dakota Supreme Court

The South Dakota Supreme Court affirmed the circuit court’s five‑year penitentiary sentence with three years suspended, holding that the appellant preserved the issue of deviation from presumptive probation and that the sentencing court did not abuse its discretion in finding aggravating circumstances.

The South Dakota Supreme Court dismissed the appeal for lack of appellate jurisdiction, holding that Arianna’s notice of appeal was defective for failing to satisfy statutory service requirements and that Donald’s subsequent notice of review could not invoke jurisdiction because it depended on an unperfected appeal.

The court affirmed termination of Father's parental rights, holding that he waived both his constitutional and statutory rights to appointed counsel by persistently threatening and disrupting his attorneys after receiving a clear warning that continued misconduct would require him to proceed without counsel.

The Supreme Court affirmed the termination of Mother’s parental rights, holding that the circuit court did not abuse its discretion by denying continuances sought while Mother’s compassionate-release motion was pending.

The Court affirmed summary judgment for the State because the plaintiffs did not establish that the State’s mining, reclamation, or retention of mineral rights constituted a taking or damaging of private property for public use.

The Court affirmed summary judgment dismissing VOR and Victoria’s Estate as plaintiffs, the judgment denying rescission of the land sale, and the denial of additional discovery because Paul lacked authority to sue for VOR or the Estate, was not a party to the sale, and did not show how further discovery could defeat…

The court affirmed summary judgment for Viva on the Estate’s challenges to the Trust and the validity of the life-insurance Policy. It held that the Trust-related counterclaims were barred by the statute of repose and that the Policy complied with the insurable-interest statutes because, when issued, its benefits were…

The court affirmed dismissal of the action with prejudice as a sanction for repeated subpoena violations, including obtaining a nonparty's medical records while a motion to quash was pending.

The South Dakota Supreme Court affirmed the magistrate court’s dismissal of Gary Dean Ogden Jr.’s charges, holding that the State’s intermediate appeal was timely, that the magistrate court did not abuse its discretion in hearing the jurisdictional challenge, and that South Dakota lacks concurrent jurisdiction over…

The South Dakota Supreme Court affirmed the conviction, holding that the circuit court did not abuse its discretion in limiting the scope of impeachment evidence under Rule 609, did not violate the Confrontation Clause, and properly responded to the jury’s written question by referring to the existing jury…

The South Dakota Supreme Court affirmed the circuit court’s judgment, holding that the loan agreements satisfied the statute of frauds, that the court did not abuse its discretion in rejecting the proposed “reasonable certainty” damages instruction, and that the failure to award prejudgment interest was not reversible…

The South Dakota Supreme Court affirmed the lower habeas court’s dismissal of Theodore Guzman’s habeas petition on the certified issues of ineffective assistance of counsel concerning a psychiatric evaluation of victims and the failure to assert a speedy‑trial right, finding the petition did not meet the required…

The Court affirmed Braveheart’s first-degree manslaughter conviction, concluding that the evidence permitted a rational jury to find the shooting unjustified and that the occupied-vehicle presumption did not establish a forcible felony.

The Court affirmed Bendel’s first-degree manslaughter conviction, holding that his challenge to the pretrial denial of statutory self-defense immunity was moot after trial and conviction, and that the public-interest exception did not apply.

The South Dakota Supreme Court held that the Department of Labor’s April 2024 order finding a change in condition under SDCL 62‑7‑33 was not a final, appealable order. Consequently, the Court dismissed the appeal and vacated the circuit court’s affirmance of that order.

The South Dakota Supreme Court held that the contingency fee agreements with Clients #2 and #3 terminated upon attorney William Groves’s death, that the Estate was fully paid for Groves’s services on Client #2 and owed no additional fees, that Goodsell was not entitled to prejudgment interest on disputed funds for…

The South Dakota Supreme Court affirmed the conviction, holding that the circuit court did not err in sustaining the State’s peremptory strike of a Native American juror and that the State’s closing‑argument remarks did not constitute improper vouching, thus no due‑process violation occurred.

The South Dakota Supreme Court affirmed the circuit court’s findings that Richard Sleep and Gloria Steele did not form a partnership and that an enforceable contract existed for the sale of Steele’s cattle interest.

The South Dakota Supreme Court reversed and remanded the circuit court’s order granting Wiley Pickner a suspended imposition of sentence, holding that the circuit court lacked statutory authority to vacate his conviction and that res judicata did not bar the State’s challenge because the State had no opportunity for…

The Court affirmed the denial of relief on most issues, including the requests to vacate the divorce decree, hold Major in contempt, award a different form of life insurance, and find a due-process violation.

The South Dakota Supreme Court affirmed the circuit court’s denial of the Luziers’ adverse‑possession claim and upheld the prescriptive easements granted for the two encroaching garages.

The South Dakota Supreme Court affirmed the circuit court’s denial of a writ of mandamus, holding that Ordinance #24-05 was an administrative amendment, not a legislative decision subject to referendum under SDCL 7-18A-15.1, and therefore SCVA lacked a clear legal right to compel a ballot vote.

The South Dakota Supreme Court reversed the defendants' convictions for grand theft and conspiracy to commit grand theft and remanded the case for further proceedings. The Court held that the trial court correctly gave a jury instruction on contractual capacity, erred in excluding the victim’s contemporaneous…

The South Dakota Supreme Court affirmed the conviction of Kelly Warfield, holding that the State’s charging decisions, admission of video evidence, refusal to give a self‑defense instruction, alleged failure to produce additional surveillance footage, and the submission of two simple‑assault counts did not constitute…

The South Dakota Supreme Court affirmed Winckler’s convictions for failure to appear and simple assault, holding that the county courthouse and jail are not Indian country and thus the state courts have subject‑matter jurisdiction; the 180‑day trial rule was not violated; the admission of Exhibit 1 and Exhibit 5 and…

The South Dakota Supreme Court affirmed the circuit court’s judgment, holding that Kolten B. Ware entered a knowing and voluntary guilty plea in the primary case and, because he did not prevail on that issue, his other related appeals were dismissed.

The South Dakota Supreme Court affirmed Clifford’s convictions, holding that the trial court did not err in admitting the caller’s statements about a red Toyota Camry and that any alleged error was harmless.

The South Dakota Supreme Court affirmed the circuit court’s denial of Anderson’s motion for a continuance and its grant of self‑defense immunity to Streeter under SDCL 22‑18‑4.8, and declined to award appellate attorney fees.

The Court affirmed the determination that Bret Healy violated the state sanctions rule by advancing his ownership-based challenge to HRI's dissolution for an improper purpose after repeated prior litigation had precluded or rejected the same ownership theory.

The South Dakota Supreme Court affirmed the circuit court’s judgment quieting title to the 40‑acre property in favor of Jay and Jed Bryant. The Court held that Jay’s quiet‑title action was proper and that Lenora Bryant was correctly barred by judicial estoppel from asserting an interest in the property.

The court affirmed summary judgment for the DOT employees, concluding that sovereign immunity barred the individual-capacity claims because the alleged highway-maintenance duties were discretionary rather than ministerial.

The South Dakota Supreme Court answered Governor Rhoden’s advisory request, holding that the Lieutenant Governor, while serving as President of the Senate, may cast a tie‑breaking vote on the final passage of a bill or joint resolution.

The South Dakota Supreme Court reversed the circuit court’s award of attorney‑fees sanctions against Wells Fargo and remanded for further proceedings. It held that Rule 11 sanctions are limited to conduct related to pleadings, motions, or other papers filed with the court and cannot be applied to post‑filing conduct…

The South Dakota Supreme Court affirmed the trial court’s evidentiary rulings and the ten‑year sentence with three years suspended, as well as the $2,000 restitution for the victim’s lost wages, but reversed the restitution order for future counseling expenses and remanded for a restitution hearing.

The South Dakota Supreme Court reversed the circuit court’s finding that the Gustafsons were entitled to compensation for loss of access, holding that they have no special right of access, no substantial impairment, and no peculiar injury, and remanded for entry of judgment.

The South Dakota Supreme Court reversed and remanded the circuit court’s order permitting Dr. Manlove to testify about false confessions, holding that the trial court abused its discretion because the expert’s testimony was neither reliable nor helpful under Rule 702 and Daubert.

The South Dakota Supreme Court held that, under the state’s compulsory liability insurance statutes, Liberty Mutual cannot rely on the policy’s conditions precedent to deny liability coverage required by SDCL 32‑35‑70, but may assert those conditions to deny any excess coverage.

The South Dakota Supreme Court affirmed the circuit court’s denial of Hamer’s amendment claims asserting direct liability against Cornerstone but reversed the court’s denial of the amendment as to Duffy’s negligent conduct, reversed the exclusion of Hamer’s expert witnesses, and reversed the refusal to give a jury…

The court affirmed enforcement of the premarital agreement and the denial of Stephanie Webb's elective-share claim. It held that the agreement was voluntarily executed under the totality of the circumstances and was not unconscionable because it provided for Stephanie in divorce, plainly waived marital property rights…

The South Dakota Supreme Court reversed the circuit court’s admission of prior‑action findings under collateral estoppel and remanded for a new trial on the undue influence claim.