Justia South Dakota Supreme Court Opinion Summaries

The Supreme Court affirmed Defendant's convictions of two counts of rape in the first degree and his sentence of two consecutive twenty-five-year prison terms, holding that the circuit court did not err in denying Defendant's motion for a mistrial or in instructing the jury.During trial, defense counsel cross-examined the victim at issue in order to demonstrate what counsel believed were inconsistencies between the victim's testimony and a prior incident. Based on the belief that counsel's questions had prompted the victim about uncharged events involving Defendant, the prosecutor asked the victim about this other conduct. Defendant later moved for a mistrial on the grounds that he had not received notice of the State's intent to introduce other acts evidence,The circuit court denied the motion and convicted Defendant. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion when it denied Defendant's motion for mistrial or in failing to include Defendant's proposed instruction regarding other acts of rape. View "State v. Ortiz-Martinez" on Justia Law

In this case regarding the reformation of a trust the Supreme Court affirmed in part and reversed in part the judgment of the circuit court denying Sally Johnson's request for reimbursement from the trust for her attorney fees and expenses incurred during the underlying litigation, holding that attorney fees were authorized for Johnson efforts to vindicate her father's intent.The trust in this case was created by Fred Peterson, the father of Johnson and Mindy Smith. After Peterson died, Johnson filed petitions seeking court supervision and reformation of one of the trusts, which Smith opposed. The circuit court granted Johnson's request to reform the trust and denied Smith's requests for relief following a trial. Thereafter, Johnson filed a motion for reimbursement of attorney fees and expenses from the trust. The circuit court denied the motion. The Supreme Court reversed the circuit court's denial of attorney fees for Johnson's litigation efforts to obtain certain property, holding that attorney fees were authorized under S.D. Codified Laws 15-17-38. View "In re Fred Petersen Living Trust" on Justia Law

The Supreme Court held that S.D. Codified Laws 32-34-5, which punishes defendants for their failure to stop and comply with the requirements of S.D. Codified Laws 32-34-3, applies regardless of whether the defendant's acts were intentional and that the evidence was sufficient to support Defendant's conviction under section 32-34-5.After a jury trial, Defendant was found guilty of aggravated assault and felony hit and run. Defendant appealed. Appellate counsel then submitted a Korth briefing setting forth the issues Defendant wished to raise on appeal. The Supreme Court addressed only the brief's arguably meritorious issue, namely, whether the felony hit and run statute applies to intentional conduct. The Court then affirmed, holding that the felony hit and run statute applies regardless of whether the defendant's acts were intentional. View "State v. Kwai" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court denying Appellant's requests for writs of mandamus and certiorari to reverse the Clay County Board of Adjustment's decision affirming the order of the Clay County Planning Commission denying Appellant's proposed conditional use permit, holding that the circuit court erred in dismissing the writ of certiorari as untimely.In denying Appellant's requests, the circuit court determined that the petition for writ of certiorari was untimely and that a writ of mandamus was not an available remedy. The Supreme Court reversed in part, holding that the circuit court (1) did not err in denying the writ of mandamus; but (2) erred in determining that it did not have jurisdiction to consider the writ of certiorari. The Court remanded the case for further proceedings to determine whether Appellant's petition seeking a writ of certiorari was timely filed. View "Hauck v. Clay County Commission" on Justia Law

The Supreme Court affirmed in part and reversed in part the decision of the circuit court granting summary judgment in favor of Kevin Costner in this breach of contract case and dismissing the claims brought by Peggy Detmers, holding that the circuit court erred in granting summary judgment for Costner.Costner commissioned Detmers to create sculptures of buffalo and Lakota warriors to display at a luxury resort called The Dunbar that Costner planned to build on his property. A court later found that the parties had agreed to permanently display the sculptures at Tatanka, another project Costner developed. In 2021, Detmers sued Costner again, alleging that Costner's online real estate listing for the Tatanka property constituted an anticipatory breach of the agreement permanently to display the sculptures at Tatanka. The circuit court granted summary judgment for Costner. The Supreme Court reversed in part, holding that the circuit court (1) erred in holding that Detmers' claims were barred by the doctrine of res judicata; (2) erred in its conclusion that Costner had no remaining obligation under the agreement after the parties agreed to display the sculptures at Tatanka; and (3) properly denied Detmers' motion for summary judgment on her claim for anticipatory repudiation by Costner. View "Detmers v. Costner" on Justia Law

The Supreme Court affirmed Defendant's conviction of ten counts of sexual contact with a child under age sixteen and one count of first-degree rape, holding that the State's failure to notify Defendant that Debra Hughes, a mental health practitioner who had served as the victim's counselor, would give expert testimony did not prejudice Defendant.Specifically, the Supreme Court held (1) Defendant preserved expert witness issues for appellate review; (2) Hughes' testimony constituted an expert testimony requiring advance notice; (3) the circuit court abused its discretion by allowing the State to present expert witness testimony in violation of its pretrial order, but the admission of that testimony did not constitute prejudice; and (4) Hughes' testimony did not constitute improper bolstering of the victim's testimony. View "State v. Pretty Weasel" on Justia Law

The Supreme Court affirmed the judgment of the circuit court convicting Defendant of first-degree robbery and sentencing him to forty years' imprisonment, holding that the circuit court did not err by denying Defendant's motion for judgment of acquittal.Defendant entered a casino where seventy-six-year-old Helga Harris was working by herself as a cashier and held Harris at gun point. Defendant pulled Harris behind the counter, struck her on the head with his pistol, and tried to open the cash register. Finally, Defendant took Harris's purse and ran from the casino. After the jury convicted him of first-degree robbery Defendant moved for a judgment of acquittal on the grounds of insufficient evidence. The circuit court denied the motion. The Supreme Court affirmed, holding that sufficient evidence supported the conviction. View "State v. Long Soldier" on Justia Law

The Supreme Court affirmed the judgment of the circuit court denying Dakota Constructors, Inc.'s petition for a writ of certiorari challenging the decision of the Hanson County Board of Adjustment that Dakota would need a conditional use permit (CUP) under a Hanson County ordinance in order to extract sand, gravel, and rock from the property at issue.In 2021, Dakota purchased the property: a quarry located in Hanson County that had operated under a state license since 1986 to mine sand, gravel, and rock. The ordinance took effect in 2000. Dakota Constructors submitted a CUP application but argued that it did not need a CUP because the operation of the quarry was a continuing prior nonconforming use. The Hanson County Board of Adjustment disagreed and granted the CUP application with specified conditions. The circuit court denied Dakota's ensuing petition for a writ of certiorari. The Supreme Court affirmed, holding that Dakota failed to show that the Board's reading of the word "extraction" was contrary to the ordinance, contrary to state statute, or otherwise wrong or erroneous. View "Dakota Constructors, Inc. v. Hanson County Bd. of Adjustment" on Justia Law

The Supreme Court affirmed Defendant's conviction of first-degree manslaughter, holding that the circuit court did not err in excluding polygraph evidence in its sentencing consideration.Defendant, who pled guilty to first-degree manslaughter, sought to introduce evidence of a polygraph examination regarding his role in the crime prior to his sentencing hearing. The circuit court denied the request and sentenced Defendant to eighty years' incarceration with twenty years suspended. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in excluding the proffered polygraph evidence. View "State v. Banks" on Justia Law

The Supreme Court affirmed the ruling of the circuit court that it did not have statutory authority to terminate Father's parental rights against his wishes in the absence of an adoption, holding that S.D. Codified Laws 25-5A cannot be used to involuntarily terminate a parent's rights without a corresponding adoption.Mother filed a petition under chapter 25-5A seeking the involuntary termination of Father's parental rights, arguing that the termination was in the best interests of the parties' children and that Father's consent to the termination could not be waived. The circuit court denied the petition after an evidentiary hearing. The Supreme Court affirmed, holding that the circuit court did not err in determining that chapter 25-5A cannot be used to involuntarily terminate a parent's parental rights. View "In re Interest of I.A.D." on Justia Law