Justia South Dakota Supreme Court Opinion Summaries

In this divorce action, the Supreme Court reversed the circuit court's valuation of the marital estate, inclusion of certain property in the marital estate, and determination that Kibbe Conti owed Russell Conti an $11,436 cash equalization payment, holding that the circuit court erred.This appeal concerned only the valuation and division of certain property. The Supreme Court reversed, holding (1) the circuit court's valuation of the marital residence was clearly erroneous; (2) on remand, the circuit court is further directed to apply the legal factors outlined in this opinion and enter findings specifically addressing why certain property should be considered marital or non marital; and (3) the circuit court's determination that Kibbe owed Russell an $11,436 cash equalization payment was based on clear error. View "Conti v. Conti" on Justia Law

The Supreme Court reversed the judgment of the circuit court committing seventeen-year-old D.S. to the custody of the Department of Corrections (DOC) pursuant to S.D. Codified Laws 26-8C-7 after adjudicating him of first-degree rape, holding that the court committed reversible error because its findings and conclusions were insufficient to permit meaningful review.In announcing its disposition, the circuit court did not address whether the recommendations before it for community supervision and outpatient treatment were viable alternatives to DOC custody or whether commitment to the DOC was the least restrictive alternative in D.S.'s best interest. The day after the deposition hearing, the court entered written findings of fact and conclusions of law stating simply that there were no other viable alternatives and that commitment to the DOC was the least restrictive alternative. The Supreme Court reversed, holding that remand was required for the circuit court to make findings on the viability of a community-based supervision and treatment alternative and to reimpose a disposition consistent with the requirements of section 26-8C-7. View "In re D.S." on Justia Law

The Supreme Court affirmed the decision of the circuit court order several search warrants involving the Implicated Individual in this case and corresponding inventories to be unsealed, holding that there was no error.A special agent of the South Dakota Division of Criminal Investigation sought several search warrants involving the Implicated Individual, and the circuit court approved the warrants. The warrants, along with the supporting affidavits and inventories, were filed with the clerk of courts. At the agent's request, the circuit court sealed the search warrants but ultimately ordered that the search warrants and corresponding inventories be unsealed. The Supreme Court affirmed, holding that S.D. Codified Laws 23A-35-4.1 prohibits a court from sealing a search warrant or the verified inventory. View "In re Matter of Implicated Individual" on Justia Law

The Supreme Court reversed the judgment of the circuit court issuing a permanent protection order against Matthew Batchelder, holding that the circuit court's order did not rest upon sufficient factual and legal support.While expressing its reluctance against the appropriateness of issuing a permanent protection order against Matthew, the court indicated that the protection order was necessary to ease the contentious relationship between Matthew and his former wife, Ame Batchelder. The court, however, did not issue any oral or written findings. The Supreme Court reversed, holding that the lack of findings and legal justification rendered the protection order infirm. View "Batchelder v. Batchelder" on Justia Law

The Supreme Court affirmed Defendant's conviction of second-degree murder but reversed the court's restitution order in part, holding that the restitution order did not comply with S.D. Codified Laws 23A-28-3.After finding Defendant guilty of second-degree murder, the circuit court imposed a mandatory sentence of life imprisonment, costs of prosecution and restitution. On appeal, Defendant argued, among other things, that the court erred in fashioning its order of restitution requiring him to pay future counseling costs and other expenses incurred by the victim's family members. The Supreme Court affirmed Defendant's conviction but reversed in part the restitution order, holding (1) the circuit court did not err in denying Defendant's motion for judgment of acquittal; (2) the circuit court did not abuse its discretion in its evidentiary rulings; and (3) the restitution order imposed arbitrary caps without specifying timeframes or mechanisms by which specific amounts to be reimbursed to the victim's family could be ascertained. View "State v. Falkenberg" on Justia Law

The Supreme Court reversed the judgment of the circuit court declaring N.A. a delinquent child, holding that the circuit court erred by finding that Officer Brandon Bassett did not use excessive force against N.A.When responding to a possible drive-by shooting at N.A.'s family's apartment, Officer Bassett was told by N.A. that the messages she had sent her mother reporting the drive-by shooting were a prank. Officer Bassett, believing that N.A. was impeding the investigation, grabbed N.A., pulled her down onto a mattress on the floor and handcuffed her. N.A. kicked Officer Bassett during the altercation. The State subsequently brought this petition alleging that because she assaulted a law enforcement officer, N.A. was a delinquent child. The circuit court declared N.A. to be a delinquent child. The Supreme Court reversed, holding that Officer Bassett used excessive force to detain N.A. and, on remand, the circuit court should complete the analysis of N.A.'s self-defense claim. View "Interest Of N.A." on Justia Law

The Supreme Court affirmed in part and reversed in part the decision of the circuit court granting summary judgment dismissing Plaintiff's claims alleging improper distribution, fraud, unjust enrichment, breach of fiduciary duty, and aiding and abetting breach of fiduciary duty, holding that the circuit court erred in part.Clifford Olson was the son of Edward Bickel but did not have a relationship with Edward and had never met any of his siblings while Edward was alive. After Edward died, his estate was distributed intestate to his three children born from two different marriages. After he learned about Edward's death, Clifford brought this action against his siblings. The circuit court granted summary judgment against Plaintiff. The Supreme Court affirmed in part and reversed in part, holding that material issues of fact were in dispute as to certain issues, precluding summary judgment in part. View "Olson v. Berggren" on Justia Law

In this guardianship and conservatorship action, the Supreme Court affirmed the judgment of the circuit court granting the conservator's motion for approval of a settlement agreement reached in a separate civil action brought by the conservator against the protected person's son and daughter-in-law, holding that the circuit court did not err.Three of the protected person's other children objected to the conservator's motion for approval of the settlement agreement, requesting that they be allowed to present live testimony at the hearing on the motion. The circuit court denied the request and, after a hearing, granted the conservator's motion for approval of the settlement. The Supreme Court affirmed, holding that the circuit court did not err in denying an evidentiary hearing and in approving the settlement agreement. View "In re Guardianship & Conservatorship of Adam" on Justia Law

The Supreme Court affirmed in part and reversed in part the order of the circuit court granting summary judgment in favor of Defendants in this wrongful death suit, holding that the circuit court properly dismissed Plaintiffs' negligence claims but erred in dismissing Plaintiffs' strict liability claim.Chalan Hedman and Troy Hattum died after and explosion and fire at the Hattum Family Farms. Chalan's estate brought a wrongful death suit against Hattum Family Farms and individual members of the Hattum family, alleging claims for strict liability and negligence and seeking compensatory and punitive damages. The circuit court granted summary judgment for the Hattums on the Estate's claims. The Supreme Court reversed in part, holding that the circuit court erred by granting summary judgment on the strict liability claim because genuine issues of material fact existed precluding dismissal. View "Sheard v. Hattum" on Justia Law

The Supreme Court affirmed the order of the circuit court granting summary judgment to Defendants, the City of Pierre and the Pierre Volunteer Fire Department (PVFD), in this personal injury action, holding that the trial court correctly determined that the City and the PVFD were not vicariously liable under the circumstances of this case.Gerrit Tronvold, an on-call volunteer member of the PVFD, collided with Plaintiffs' motorcycle while his was traveling to a routine PVFD meeting. The trial court determined that the City and the PVFD were not vicariously liable for Tronvold's actions under the doctrine of respondeat superior and that the defendants were shielded from liability by governmental immunity. The Supreme Court affirmed, holding that the trial court correctly determined that Tronvold was not acting within the scope of his employment or agency, precluding liability under the doctrine of respondeat superior. View "Jurgens v. Tronvold" on Justia Law