Justia South Dakota Supreme Court Opinion Summaries

After a hearing, the circuit court terminated Mother's parental rights to Child. Mother was Native American and eligible to be enrolled in the Crow Creek Sioux Tribe, but because she was not actually enrolled, an Indian Child Welfare Act (ICWA) specialist for the Tribe concluded that Child was not eligible for enrollment. Since Child was not enrolled or eligible for enrollment, the court found ICWA inapplicable. The Supreme Court affirmed, holding that the circuit court did not err (1) in finding ICWA inapplicable, as Mother failed to show that Child was an Indian child within the meaning of ICWA; and (2) in finding that termination of Mother's parental rights was the least restrictive alternative available. View "In re L.S." on Justia Law

After six years of marriage, Jamie and Clayton Farlee divorced. In dividing the marital property, the circuit court ordered Clay to pay Jamie $48,000 to equalize the property division without indicating the total value of the assets awarded to Clay and Jamie. Jamie appealed, contending that the court erred in failing to classify disputed assets as marital or nonmarital and in failing to value certain marital property. The Supreme Court determined that because of uncertainties regarding the marital classification of all disputed property, and because the Court was unable to determine the circuit court's valuation of all marital property, the Court was unable to review whether the circuit court arrived at an equitable division. Consequently, the Court reversed and remanded for reconsideration of the property division after the entry of findings of fact and conclusions on the existing record clearly resolving the valuation and marital property issues. View "Farlee v. Farlee" on Justia Law

Without obtaining a search warrant, police attached a global positioning system (GPS) device to Elmer Zahn's vehicle. The GPS device enabled officers to track and record the speed, time, direction, and geographic location of Zahn's vehicle within five to ten feet for nearly a month. Police used the information they gathered to obtain a search warrant for two storage units that Zahn frequently visited. Officers subsequently recovered drug paraphernalia and drugs from one of the storage units. Before trial, the trial court denied Zahn's motion to suppress the evidence that the officers discovered during the execution of the search warrant. Zahn was subsequently convicted of several drug possession charges. The Supreme Court reversed, holding (1) the attachment and use of a GPS device to monitor an individual's activities over an extended period of time requires a search warrant; and (2) thus, the warrantless attachment and use of the GPS device to monitor Zahn's activities for nearly a month was unlawful, and the evidence obtained through the use of the GPS device should be suppressed. View "State v. Zahn" on Justia Law

Rabo Agrifinance and Rabo AgServices (collectively, Rabo) commenced a foreclosure action in 2009 on a mortgage granted by Connie and David Finneman (Finnemans) on 17,000 acres of farmland. Rabo commenced its action against Finnemans, Rock Creek Farms (RCF), and all parties who may have had an ownership or leashold interest in the land. Approximately forty-four defendants were listed in the complaint, including Ann and Michael Arnoldy (Arnoldys) and the U.S. as lienholders. The trial court eventually entered a decree of foreclosure in which it recognized RCF's owner's right of redemption. After a sheriff's sale, Ann Arnoldy redeemed from an assignee of the purchaser of the sheriff's certificate. The Arnoldys filed a motion to partially vacate the decree of foreclosure. The trial court granted the motion and vacated the decree of foreclosure recognizing RCF's redemption rights on the basis that RCF and its predecessors, Finnemans, waived those rights. RCF and Finnemans appealed. Arnoldys and the U.S. filed motions to dismiss the appeals for failure to serve the notice of appeal on the U.S. and a number of named parties. The Supreme Corurt dismissed Finnemans' and RCF's appeals for failure to serve their notices of appeal on each party to the action. View "Rabo Agrifinance, Inc. v. Rock Creek Farms" on Justia Law

Two beneficiaries of the Moncur Revocable Family Trust petitioned the trial court to remove the co-trustees of the Trust on the grounds that the co-trustees violated various fiduciary duties. The trial court denied the petition. The Supreme Court affirmed, holding that the trial court did not err in finding (1) the co-trustees did not violate their fiduciary duties by using a surrogate bidder to purchase Trust property at a public auction without obtaining permission from the beneficiaries, and by holding the Trust real property auction after an auction to dispose of personal property held in the Trust; and (2) the remaining allegations that the co-trustees breached their fiduciary duties were without merit. View "In re Estate of Moncur" on Justia Law

Certain remainder beneficiaries of the Florence Y. Wallbaum Revocable Living Trust petitioned the trial court to interpret the terms of the trust and to determine whether the trustee breached its fiduciary duties. The trial court (1) found the Trust was ambiguous; (2) after considering extrinsic evidence, found that the settler of the trust, Florence Wallbaum, intended for the trustee to use trust principal to maintain the Wallbaum residence; and (3) ruled the trustee did not breach its fiduciary duties in administering the trust. The Supreme Court affirmed, holding that the trial court did not err in finding (1) the Trust was ambiguous; (2) Florence intended Trust principal to be used to maintain the Wallbaum residence; and (3) the trustee did not violate any fiduciary duties. View "In re Wallbaum Living Trust" on Justia Law

After a jury trial, Jeremy Zephier was convicted of aggravated assault for attacking a man who entered the apartment in which Zephier was drinking alcohol with acquaintances. Zephier appealed. The Supreme Court affirmed, holding that the trial court did not abuse its discretion in (1) denying Zephier's proposed instruction regarding when it is lawful to use force in preventing a trespass and instead giving a pattern jury instruction, as Zephier's proposed instruction misstated the law; and (2) denying Zephier's motion for a new trial, as Zephier's trial counsel did not commit misconduct and Zephier did not prove all the necessary factors to warrant a new trial based on newly discovered evidence. View "State v. Zephier" on Justia Law

Garry Rosen pleaded guilty to kidnapping. Rosen subsequently petitioned for a writ of habeas corpus, contending that his plea was involuntary because the sentencing court (1) failed to advise him that he would waive his Boykin v. Alabama rights by pleading guilty, and (2) failed to determine whether Rosen understood he was waiving those rights. The heabeas court denied relief. The Supreme Court reversed, as (1) Rosen was never advised that by pleading guilty he would waive his right to a trial by jury, he would waive his right to compulsory process, and he would waive his right against self-incrimination; and (2) Rosen was never asked whether he understood he would be waiving those rights. Remanded. View "Rosen v. Weber" on Justia Law

After Father and Mother separated, Mother left the couple's three children with Father's mother (Grandmother). Grandmother later petitioned for guardianship of the children. The petition was granted in 2008. The Supreme Court reversed the order in 2010, and Mother received primary physical custody of the children. Father subsequently filed a petition for custody of the children, which the circuit court granted. The Supreme Court affirmed, holding that the circuit court did not err in (1) considering evidence of Mother's conduct before the 2008 guardianship trial, as res judicata did not bar consideration of the information in the circuit court's determination of Mother's fitness; and (2) concluding that Father rebutted the presumption that he should not receive custody, where the court's findings and conclusions overwhelmingly indicated that it was in the children's best interests that primary physical custody be awarded to Father. View "Nemec v. Goeman" on Justia Law

This was the fourth appeal in connection with the estate of Walter Brownlee, Sr. After Brownlee died and his will was probated, a dispute arose between Jeanie Weekley, Brownlee's longtime companion, and Brownlee's children regarding certain aspects of the will and the trust Brownlee had created. Weekley sued, and later, following Brownlee II, Weekley brought suit against Robert Wagner, Brownlee's personal representative, for breach of his fiduciary duties in administering the estate. The circuit court found that Wagner's failure to inspect, collect and manage certain construction equipment was breach of his fiduciary duty. On remand, the court awarded Weekley damages against Wagner for a total judgment amount of $139,834. The Supreme Court affirmed, holding that the circuit court's damages award was not clearly erroneous. View "Weekley v. Wagner" on Justia Law