Justia South Dakota Supreme Court Opinion Summaries

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

Fawna and Terry Goff were married in 2015 and had one child, M.G. In late 2021, Terry left for work in Texas and did not return, pursuing a new relationship. Fawna allowed M.G. to visit Terry in Texas, but he 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, Meade County, South Dakota, initially handled the case. Terry did not respond to the divorce complaint in time, leading Fawna to seek a default judgment. At the 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 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 South Dakota reviewed the case. The court held that Terry waived his claim against the trial on the merits by not objecting at the hearing. However, the court found that the circuit court abused its discretion in calculating arrearages without considering the months Terry cared for M.G. and other support provided. The court also found insufficient findings regarding the best interests of M.G. for visitation limitations and the award of attorney fees. The Supreme Court affirmed in part, reversed in part, and remanded for recalculating arrearages and further findings on visitation and attorney fees. View "Goff v. Goff" on Justia Law

R.M., a minor, reported that Troy O’Brien, her mother’s boyfriend, had inappropriately touched her breasts and genital area on multiple occasions. O’Brien was charged with multiple counts of rape, sexual contact with a child under sixteen, and sexual exploitation of a minor. A jury found him guilty on all charges. O’Brien appealed, arguing insufficient evidence of sexual penetration and that the rape charges were duplicitous, claiming the court erred by not instructing the jury to unanimously agree on each act of rape.The Circuit Court of the Second Judicial Circuit in Lincoln County, South Dakota, heard the case. During the trial, R.M. testified about multiple instances of inappropriate touching by O’Brien, describing the touching in detail and indicating that it occurred in various rooms of their homes. Despite her difficulty in recalling specific details, R.M. consistently described the nature of the touching. The jury found O’Brien guilty on all counts, and he was sentenced to fifty years for second-degree rape, with additional concurrent sentences for other charges.The Supreme Court of the State of South Dakota reviewed the case. The court held that there was sufficient evidence for a rational jury to conclude that sexual penetration occurred, based on R.M.’s testimony and drawings. The court also addressed the issue of the unanimity instruction, noting that although the charges were duplicitous, O’Brien failed to show that the lack of a specific unanimity instruction affected his substantial rights or the trial's fairness. The court affirmed the lower court’s decision, upholding O’Brien’s convictions and sentences. View "State v. O’Brien" on Justia Law

A fire damaged a malt beverage store owned by A Maxon Company, LLC (AMC). Acuity Insurance Company sought a declaratory judgment to determine coverage under an insurance policy listing Greg and Tammy Weatherspoon as additional loss payees. The Weatherspoons counterclaimed for breach of contract. The circuit court granted Acuity’s motion for judgment as a matter of law on the Weatherspoons’ counterclaim, determining that the insurance policy terms prevented the Weatherspoons from recovering damages unless AMC successfully asserted a claim. The jury found that AMC principal, Russel Maxon, had intentionally started the fire, excluding coverage under AMC’s policy. The Weatherspoons appealed.The Circuit Court of the Fourth Judicial Circuit, Corson County, South Dakota, initially denied the Weatherspoons’ motion for summary judgment, ruling that the insurance contract was unambiguous and that the Weatherspoons’ claim was dependent on AMC’s claim. The court also denied Acuity’s motion for summary judgment, finding that there were factual disputes suitable for a jury. At trial, the court granted Acuity’s motion for judgment as a matter of law, concluding that the Weatherspoons could not recover under the policy because AMC’s claim was excluded due to Russel’s intentional act.The Supreme Court of the State of South Dakota affirmed the circuit court’s decision. The court held that the insurance policy’s Loss Payable Clause only allowed the Weatherspoons to collect if AMC could collect, and since the jury found that Russel intentionally started the fire, AMC was precluded from recovering. The court also found no abuse of discretion in admitting expert testimony from Special Agent Derek Hill and allowing the impeachment of Tracy Maxon with prior inconsistent statements. The court concluded that the Weatherspoons’ arguments regarding ambiguity and third-party beneficiary status were unavailing. View "Acuity Insurance V. A Maxon Company" on Justia Law

Cody Heer was convicted of multiple drug-related offenses after selling methamphetamine to a confidential informant in a Walmart parking lot in Sioux Falls, with his child present. Heer was indicted on charges of distributing a controlled substance, possession of a controlled substance, and causing a child to be present where methamphetamine is distributed. The State also filed a habitual offender information due to Heer’s prior felony convictions.Initially represented by court-appointed counsel, Heer moved to represent himself after his request for substitute counsel was denied. The Circuit Court of the Second Judicial Circuit in Minnehaha County granted his motion for self-representation but appointed his former attorney as standby counsel. Heer did not object to this arrangement or to the presence of standby counsel at trial. Heer conducted his defense, including making motions, cross-examining witnesses, and delivering closing arguments. The jury found Heer guilty on all counts, and he was sentenced to fifteen years in prison for the distribution conviction, with additional suspended sentences for the other charges.The Supreme Court of the State of South Dakota reviewed Heer’s appeal, where he argued that his Sixth Amendment right to self-representation was violated by the appointment and presence of standby counsel. Heer also claimed that the prosecutor’s statements during closing arguments constituted improper vouching, amounting to plain error. The court held that the appointment of standby counsel was permissible and did not violate Heer’s rights, as standby counsel did not interfere with his control over the case. The court also found no merit in Heer’s claims of improper vouching, concluding that the prosecutor’s statements were fair characterizations of the evidence and did not affect the trial’s outcome. The court affirmed Heer’s convictions and sentences. View "State V. Heer" on Justia Law