Justia South Dakota Supreme Court Opinion Summaries

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 journal written by E.H. detailing the alleged misconduct. The defendants sought additional journals and diaries written by E.H. through a subpoena duces tecum. E.H. moved to quash the subpoena, but the circuit court denied the motion and ordered an in-camera inspection of the journals. E.H. then filed a petition for an intermediate appeal to the South Dakota Supreme Court.The circuit court initially granted the defendants' motion for further discovery, ordering the State to acquire the journals for an in-camera inspection. E.H. filed a motion to quash the subpoena, asserting her right to privacy under Marsy’s Law. The court vacated its initial discovery order but allowed the defendants to reissue the subpoena. E.H. again moved to quash, but the court denied her motion, leading to her appeal.The South Dakota Supreme Court reviewed the case and determined it had jurisdiction to hear the appeal under SDCL 15-26A-3(4), as the circuit court’s order was a final order affecting a substantial right made in a special proceeding. The court concluded that E.H.’s right to privacy under Marsy’s Law is not absolute and must be balanced against the defendants’ constitutional rights. However, the court found that the circuit court erred by not applying the Nixon factors (relevancy, admissibility, and specificity) when denying E.H.’s motion to quash. The court reversed the circuit court’s order and remanded for further proceedings consistent with its opinion. View "State V. Waldner" on Justia Law

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 and Red Willow were found shot in a parked SUV, while Zaiser’s body was later discovered in a shallow grave near Sheridan Lake. Surveillance footage and witness testimonies linked Absolu to the crimes, including evidence of his involvement in the local drug trade and a substantial drug debt owed by Red Willow to Absolu.The Circuit Court of the Seventh Judicial Circuit in Pennington County, South Dakota, presided over the trial. After the trial, Absolu moved for a new trial, claiming that the State had failed to disclose information about a State witness, Shamar Bennett, who was involved in an unrelated infant-death investigation. Absolu argued that this non-disclosure violated his due process rights and the court’s pretrial discovery order. The circuit court denied the motion, finding that although the information should have been disclosed, its absence did not prejudice Absolu’s defense.The Supreme Court of the State of South Dakota reviewed the case. The court affirmed the circuit court’s decision, holding that the undisclosed information about Bennett’s involvement in the infant-death investigation was not material to the outcome of the trial. The court noted that Bennett’s testimony was consistent with his grand jury testimony, which predated the infant-death incident, and that Absolu had already effectively impeached Bennett’s credibility during the trial. The court concluded that there was no reasonable probability that the outcome of the trial would have been different had the information been disclosed. View "State v. Absolu" on Justia Law

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 into emergency temporary custody after their father, N.K., Sr., was arrested for driving under the influence with the children in the car. The children were found to be homeless and in poor condition. The State filed a petition alleging abuse and neglect, and the father admitted to the allegations. Despite DSS providing various services, including substance abuse treatment and visitation arrangements, the father continued to struggle with substance abuse and was repeatedly incarcerated. The mother was largely absent and uncooperative.The Circuit Court of the Sixth Judicial Circuit in Gregory County, South Dakota, handled the initial proceedings. The father was served with the petition at an advisory hearing, but no summons was issued or served. The case was transferred between counties due to the father's relocation. The father admitted to the allegations, and DSS provided ongoing services. Despite some progress, the father relapsed and was arrested again, leading to a failed trial reunification. The State filed a petition for termination of parental rights, and the court held a final dispositional hearing.The Supreme Court of the State of South Dakota reviewed the case. The court affirmed the lower court's decision, holding that the failure to issue or serve a summons did not deprive the court of jurisdiction because the father had actual notice of the proceedings. The court also found that termination of parental rights was the least restrictive alternative, given the father's ongoing substance abuse issues and inability to provide a stable environment. Additionally, the court determined that DSS had made active efforts to reunite the family, but these efforts were unsuccessful. The court affirmed the termination of both parents' parental rights. View "Interest Of N.K." on Justia Law

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 involving his then-girlfriend, J.B., in October 2021. Washington allegedly assaulted J.B., damaged her vehicle, and forcibly confined her with a firearm, leading to his arrest and subsequent indictment on eight counts.The Circuit Court of the Second Judicial Circuit in Minnehaha County, South Dakota, presided over the trial. Washington filed several pretrial motions, including motions to exclude references to his parole status and to prevent the use of the term "victim" in court. The court granted these motions but denied his request for a personal copy of the discovery. During the trial, the jury found Washington guilty on all counts. Washington later filed a motion for a new trial, citing ineffective assistance of counsel and other trial errors, which the court denied. He was sentenced to 100 years for kidnapping, with additional concurrent and consecutive sentences for other charges.The Supreme Court of South Dakota reviewed the case. Washington argued ineffective assistance of counsel, insufficient evidence for the kidnapping conviction, cumulative trial errors, discrepancies between the oral and written sentences, and improper multiple convictions for aggravated assault. The court declined to address the ineffective assistance claim on direct appeal, noting the need for a more developed record. It found sufficient evidence to support the kidnapping conviction and determined that the alleged trial errors did not cumulatively deny Washington a fair trial. The court clarified that the written sentence, which suspended 60 years of the 100-year kidnapping sentence, controlled over any ambiguous oral pronouncements. Finally, the court held that entering multiple convictions for a single statutory offense arising from the same act violated double jeopardy principles, but found no plain error due to the lack of clear precedent. The court affirmed the lower court's decisions. View "State v. Washington" on Justia Law

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 deer and went to investigate. At the scene, Schocker, his mother Doris, and two other individuals were present. During the encounter, Schocker picked up a knife and moved towards Officer Swanson, who then arrested him. Schocker claimed he intended to cut a tag off the deer, not assault the officer.The Circuit Court of the Fifth Judicial Circuit in Roberts County, South Dakota, found Schocker guilty. Schocker appealed, arguing ineffective assistance of counsel. His attorney, Robert Doody, did not interview key witnesses or adequately prepare for trial. The court-appointed new counsel for Schocker, who then filed for habeas corpus relief. The habeas court found that Doody’s performance was deficient and prejudicial, as he failed to interview witnesses who could have supported Schocker’s defense.The Supreme Court of South Dakota reviewed the case. The court affirmed the habeas court’s decision, agreeing that Doody’s failure to interview witnesses, particularly Jeffry Hopkins, who could testify that Schocker intended to cut the tag off the deer, constituted ineffective assistance of counsel. This failure was deemed prejudicial because it deprived Schocker of a fair trial. The court concluded that there was a reasonable probability that the outcome would have been different if the jury had heard Hopkins’s testimony. View "Schocker v. Fluke" on Justia Law

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. to visit Terry in Texas, but Terry refused to return the child. Fawna filed for divorce, and the circuit court granted her a divorce on grounds of adultery, awarded her primary custody of M.G., set child support, divided property, and awarded partial attorney fees to Fawna. Terry appealed.The Circuit Court of the Fourth Judicial Circuit in Meade County, South Dakota, initially handled the case. Terry did not respond to the divorce complaint in a timely manner, leading Fawna to seek a default judgment. At the default hearing, Terry requested to proceed with the divorce trial, which the court allowed. The court granted Fawna a divorce, primary custody of M.G., and ordered Terry to pay child support and arrearages. Terry was also ordered to pay half of the mortgage on the marital home and awarded his camper. Terry filed for divorce in Texas, but the South Dakota court retained jurisdiction.The Supreme Court of the State of South Dakota reviewed the case. The court affirmed the divorce and custody decisions but found that the circuit court abused its discretion in calculating child support arrearages without considering the time M.G. spent with Terry. The court also found that the circuit court failed to make necessary findings regarding the best interests of M.G. in limiting Terry’s visitation to South Dakota and in awarding attorney fees. The Supreme Court reversed and remanded for a new calculation of arrearages and further findings on visitation and attorney fees. View "Goff v. Goff" on Justia Law

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 treatment but denied further benefits, arguing the conditions were not caused by the shock. The Department of Labor found the electric shock was a major contributing cause of both conditions and that Arneson was permanently and totally disabled under the odd-lot category.The employer and insurer appealed to the Circuit Court of the Sixth Judicial Circuit, which found the electric shock was a major contributing cause of Arneson’s hand condition but not his heart condition. The circuit court also determined that Arneson was not permanently and totally disabled. Arneson appealed, and the employer and insurer filed a notice of review.The Supreme Court of South Dakota reviewed the case. It affirmed the Department of Labor’s finding that the electric shock was a major contributing cause of Arneson’s heart condition, based on the testimony of Dr. Holloway, who treated Arneson and found the electric shock likely caused the AFib. The court found Dr. Holloway’s testimony more persuasive than that of the employer’s experts, Drs. Brody and Elkins, who attributed the AFib to hyperthyroidism. The court also affirmed the Department’s finding that the electric shock was a major contributing cause of Arneson’s hand condition.Regarding Arneson’s claim of permanent total disability, the Supreme Court found the Department’s determination that Arneson was obviously unemployable was supported by the evidence, including the testimony of vocational expert Tom Audet. The court concluded that the employer and insurer failed to show suitable employment was available for Arneson within his limitations. The Supreme Court reversed the circuit court’s ruling on Arneson’s heart condition and permanent total disability, reinstating the Department’s original order. View "Arneson v. Gr Management, LLC" on Justia Law

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 hand over her purse during a vehicle search. Law enforcement forcibly took and searched the purse, finding methamphetamine and drug paraphernalia. Edwards was charged with possession of a controlled substance, possession of marijuana, and obstructing a law enforcement officer. She moved to suppress the evidence found in her purse, but the motion was denied, and she was convicted.The Circuit Court of the Fourth Judicial Circuit in Meade County, South Dakota, denied Edwards' motion to suppress, ruling that the search of the vehicle and its contents, including Edwards' purse, was lawful as it was incident to the driver's arrest. The court concluded that the purse was a container within the vehicle at the time of the arrest, and Edwards' attempt to remove it did not change its status.The Supreme Court of the State of South Dakota reviewed the case. Edwards argued that the search of her purse violated her Fourth Amendment rights, citing that probable cause to search a vehicle does not extend to a passenger's person. The State argued that the search was justified under the automobile exception and as a search incident to arrest. The court held that the search of Edwards' purse was lawful under the automobile exception, as probable cause to search the vehicle extended to all containers within it, including personal belongings of passengers. The court affirmed the lower court's decision, upholding Edwards' convictions. View "State v. Edwards" on Justia Law

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 lot to Eunice, providing a quit claim deed. Years later, Edward Hoffman, representing his deceased mother Theresa Hoffman's estate, claimed Theresa owned the lot and filed a quiet title action against the Hollow Horns. The Hollow Horns counterclaimed, asserting ownership by adverse possession.The Circuit Court of the Fourth Judicial Circuit in Dewey County, South Dakota, denied Edward's claims and quieted title in favor of the Hollow Horns based on adverse possession under SDCL 15-3-15 and SDCL 15-3-1. Edward appealed, challenging the court's findings on good faith and the admission of certain out-of-court statements.The Supreme Court of South Dakota reviewed the case and affirmed the circuit court's decision in part. The court held that Eunice had satisfied the elements of adverse possession under SDCL 15-3-15, including good faith possession and payment of taxes for ten years. The court found no clear error in the circuit court's findings and concluded that Edward failed to rebut the presumption of Eunice's good faith. The court also determined that any error in admitting out-of-court statements was harmless and did not affect the outcome.However, the Supreme Court vacated the circuit court's judgment on the alternative claim for adverse possession under SDCL 15-3-1, as it was rendered moot by the ruling on SDCL 15-3-15. The case was remanded for the circuit court to dismiss the alternative claim. View "Hoffman V. Hollow Horn" on Justia Law

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 a mistrial due to defense counsel's references to the previous trial, mention of a no-contact order, and questions about how the trial's outcome could affect where C.R. lived. The magistrate court granted the mistrial, citing the cumulative effect of these issues. Rose's motion to dismiss the charges based on double jeopardy was denied, and he was convicted in a third trial.Rose appealed to the circuit court, arguing that the magistrate court abused its discretion by granting the second mistrial and that double jeopardy should have precluded his retrial. The circuit court affirmed the magistrate court's decision, finding no abuse of discretion.The Supreme Court of South Dakota reviewed the case and affirmed the lower courts' decisions. The court held that the magistrate court did not abuse its discretion in granting the mistrial, considering the cumulative effect of the references to the previous trial, the no-contact order, and the questions about the trial's impact on C.R.'s living situation. The court found that these issues could have affected the jury's impartiality, justifying the mistrial and subsequent retrial. View "State v. Rose" on Justia Law