Justia South Dakota Supreme Court Opinion Summaries

The Supreme Court affirmed the determination of the habeas court denying Appellant's petition for a writ of habeas corpus alleging ineffective assistance of counsel, holding that Appellant did not meet his burden to prove his trial counsel was ineffective when it made the strategic decision not to employ or consult experts.Appellant was convicted of the first-degree murder of his wife and received a mandatory sentence of life imprisonment without the possibility of parole. Appellant later sought a writ of habeas corpus, arguing that his trial counsel rendered ineffective assistance because he did not engage any expert witnesses to evaluate certain evidence. The circuit court denied the habeas petition. The Supreme Court affirmed, holding that where defense counsel's decisions were reasonable to advance Defendant's defense theory and where Defendant could not satisfy Strickland's prejudice requirement, the habeas court did not err when it denied Appellant's habeas petition. View "Reay v. Young" on Justia Law

The Supreme Court affirmed Defendant's convictions for second-degree rape and simple assault, holding that the circuit court erred when it admitted a narrative report prepared by an emergency room nurse summarizing the victim's oral statements made during a sexual assault examination, but the error was harmless.On appeal, Defendant argued that the circuit court erred in denying his motion for a mistrial and in admitting the sexual assault examination note. The Supreme Court affirmed, holding (1) the circuit court did not err in denying Defendant's motion for a mistrial; and (2) the circuit court erred in admitting the victim's statements describing her assailant and what occurred and what was said after the attack, but the error was harmless because Defendant failed to demonstrate that the error, in all probability, produced some effect upon the final result of the trial. View "State v. Packard" on Justia Law

The Supreme Court affirmed Defendant's conviction of first-degree rape of a child under age thirteen, holding that the circuit court erred in admitting statements from an unavailable witness, but the error was harmless.On appeal, Defendant argued that the trial judge's order admitting, as other acts evidence, statements from an unavailable witness violated his Sixth Amendment right to confront and cross-examine the witnesses against him. The Supreme Court affirmed, holding (1) the statements at issue were testimonial and of a constitutional magnitude; (2) the circuit court's decision to admit the statements violated Defendant's Sixth Amendment right of confrontation; but (3) the affect of the circuit court's error in admitting the statements at trial was harmless beyond a reasonable doubt. View "State v. Richmond" on Justia Law

The Supreme Court affirmed the decision of the circuit court dismissing an out-of-state subpoena proceeding as moot, holding that the circuit court properly dismissed the proceedings.During a divorce proceeding in Connecticut between Donald Netter and Stephanie Netter, Stephanie served an out-of-state subpoena duces cecum on South Dakota Trust Company LLC (SDTC) seeking information from certain South Dakota trusts administered by SDTC. Stephanie later filed a motion for a protective order and scheduled a hearing with the South Dakota circuit court because the SDTC and Stephanie were unable to reach an agreement concerning the terms of a protective order for the information sought. SDTC requested additional protections. Before the hearing, Stephanie sought to withdraw the subpoena and the motion for protective order, indicating that the subpoena was no longer necessary. The circuit court allowed Stephanie to withdraw her motion for protective order and dismissed the action for lack of jurisdiction and on mootness grounds. The Supreme Court affirmed, holding that because the dispute relating to the out-of-state subpoena was the sole controversy before the circuit court and because Stephanie withdrew her subpoena, there was no longer a dispute before the circuit court, and the matter was moot. View "Netter v. Netter" on Justia Law

The Supreme Court affirmed the judgment of the circuit court granting the State's motion to dismiss Appellant's civil action challenging a Department of Corrections (DOC) administrative policy relating to the method and procedures for carrying out capital sentences, holding that provisions of S.D. Codified Laws chapter 23A-27A, rather than the DOC policy, vest members of the executive branch with the authority to carry out a capital sentence.Appellant was convicted of first-degree murder and sentenced to death. Appellant later brought his civil action claiming that a written policy issued by the DOC relating to the execution of a condemned inmate was invalid because it was not promulgated within the rule-making requirements of the state's Administrative Procedure Act (APA). The circuit court dismissed the complaint, determining that the Policy was not subject to the APA and that the authority of the DOC to carry out a death sentence was derived from S.D. Codified Laws 23A-27A-32, whose provisions were self-executing. The Supreme Court affirmed, holding that the DOC policy was not subject to the APA's rule-making requirements. View "Rhines v. S.D. Department Of Corrections" on Justia Law

The Supreme Court affirmed the judgment of the circuit court granting summary judgment in favor of the Estate of Kenneth Stoebner in this breach of fiduciary duty claim against Curtis Huether, who served as Stoebner's attorney-in-fact under a power of attorney, holding that summary judgment was properly granted.Under his role of Stoebner's attorney-infant Huether executed a sale of Stoebner's real property to himself four days before Stoebner died. Stoebner's Estate commenced this action for breach of fiduciary duty, alleging that Huether engaged in an act of self-dealing when he executed the purchase agreement and warranty deed in his own favor as the attorney-in-fact for Stoebner. The circuit court granted summary judgment to the Estate and ordered that the sale be declared null and void. The Supreme Court affirmed, holding that no genuine disputes of material fact existed regarding Huether's fiduciary duty to Stoebner to not engage in acts of self-dealing under the provisions of the power of attorney. View "Estate of Stoebner v. Huether" on Justia Law

The Supreme Court reversed in part the circuit court's judgment granting Defendants summary judgment in part and, after a trial, entering a judgment consistent with the jury verdict, holding that a new trial on Plaintiffs' conversion and unjust enrichment claims was necessary.Plaintiffs loaned Defendants nearly $1.2 million, securing the loans with fifty-five promissory notes. Plaintiffs later sued Defendants for breach of contract, unjust enrichment, and conversion. Defendants counterclaimed for conversion and unjust enrichment. The circuit court granted Defendants summary judgment in part, dismissing forty-eight of the promissory notes as time barred and concluding that the related mortgage was unenforceable. After a trial, the jury returned a verdict for Plaintiffs on their breach of contract claim, rejected their claim for conversion, and awarded Defendants $135,000 on their conversion counterclaim. The jury then rendered an advisory verdict for Defendants as to the parties' competing claims for unjust enrichment. The Supreme Court reversed in part, holding that the circuit court (1) abused its discretion by giving a missing witness instruction at trial, (2) erred by allowing the jury to determine the date to begin calculating interest on the enforceable promissory notes, and (3) erred in allowing the jury to consider evidence of the time-barred notes when considering Plaintiffs' claims of unjust enrichment. View "Mealy v. Prins" on Justia Law

The Supreme Court affirmed the judgment of the trial court granting summary judgment in favor of Defendants and dismissing Plaintiff's suit claiming that he was financially damaged by Defendants' fraud and conspiracy and deprived of control over the family ranch, holding that the circuit court properly concluded that Plaintiff's suit was time barred.This case arose out of a family dispute over ownership and control of a family ranch. Plaintiff sued his mother, brothers, former attorney, and two business entities charging Defendants with, among other things, conversion, fraud, and conspiracy to commit fraud and requesting punitive and compensatory damages. The circuit court granted Defendants' motions for summary judgment on all claims, concluding that Plaintiff's claims were time barred. The circuit court then granted Defendants' motions for attorney fees, concluding that Plaintiff's lawsuit was frivolous and malicious. The Supreme Court affirmed, holding that the circuit court (1) properly concluded that Plaintiff's suit was time barred; and (2) did not abuse its discretion by awarding attorney fees to Defendants. View "Healy v. Osborne" on Justia Law

The Supreme Court affirmed the judgment of the circuit court granting summary judgment in favor of Mid-Century Insurance Company and dismissing Christina Blanchard's bad-faith complaint, holding that the circuit court properly granted summary judgment for Mid-Century.In her complaint, Blanchard alleged that Mid-Century pursued a "baseless and meritless appeal" from a decision of the South Dakota Department of Labor awarding Blanchard workers' compensation benefits. On appeal, Blanchard argued, among other things, that the circuit court erred in excluding evidence under the litigation conduct rule. The Supreme Court concluded that the circuit court's exclusion of the evidence under the litigation conduct rule was determinative of the appeal, and therefore it was unnecessary to discuss Blanchard's other claims of error, holding that the circuit court properly excluded the evidence and properly granted summary judgment based upon the other undisputed facts in the record. View "Blanchard v. Mid-Century Insurance Co." on Justia Law

The Supreme Court affirmed Defendant's convictions of attempted first-degree murder, aggravated assault on a law enforcement officer, and other offenses, holding that the circuit court did not err by denying Defendant's motions to suppress and did not abuse its discretion by denying Defendant's proposed jury instructions on lesser-included offenses.Prior to trial, Defendant filed three motions to suppress his statements to law enforcement and also moved to suppress evidence derivative of his arrest on the basis that the officer engaged in racial profiling as the basis for the traffic stop. The circuit court denied the motions to suppress. Defendant was subsequently convicted. The Supreme Court affirmed, holding that the circuit court (1) did not err in denying Defendant's motions to suppress; and (2) did not err in refusing to give Defendant's proposed lesser included offense instructions. View "State v. Willingham" on Justia Law