Justia South Dakota Supreme Court Opinion Summaries

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

Linda Ager Coyle, the personal representative of Fred Ager's estate, filed a motion for confirmation of a specific devise related to the proceeds from the sale of storage units Fred had owned. Fred's will directed that the units be given in equal shares to his children, Linda and Jeff, with a life estate interest in half of the net rental income to his wife, Arlene Ager. Arlene filed a petition for supervised administration of the estate, which the circuit court granted. Subsequently, the court denied Linda's motion for confirmation of the specific devise.Linda appealed the circuit court's denial of her motion, and Arlene filed a notice of review seeking to challenge the court's earlier decision denying her motion to remove Linda as the personal representative. The Supreme Court of South Dakota issued an order to show cause, directing the parties to address whether the order denying the motion to confirm a specific devise was appealable. Linda argued that the order was appealable based on the precedent set in In re Estate of Geier, which held that each proceeding in an unsupervised administration is a final order. Arlene contended that the order was not final and not subject to review.The Supreme Court of South Dakota dismissed the appeal for lack of jurisdiction. The court held that a decision made prior to a final order terminating a supervised probate action is not governed by the Geier final order rule. The court emphasized that supervised administration is a single in rem proceeding under SDCL 29A-3-501, which contrasts with the multiple, independent proceedings allowed under SDCL 29A-3-107 for unsupervised administration. Since the order for supervised administration was signed before the denial of Linda's motion, the action had become a supervised administration, and the individual-proceeding rule of finality did not apply. Consequently, the court also dismissed Arlene's notice of review. View "Estate Of Ager" on Justia Law

Regina Goeden and Wayne Goeden were involved in a divorce proceeding where Wayne contested the circuit court's decisions on the validity of their premarital agreement, the valuation and division of marital property, the treatment of his veterans' disability benefits, and the grounds for divorce. Regina and Wayne had been married since 2017, and both had adult children from previous marriages. They lived together in a home owned by Wayne, and prior to their marriage, Wayne physically assaulted Regina, leading to a temporary breakup and legal charges against Wayne.The Circuit Court of the Second Judicial Circuit in Minnehaha County, South Dakota, found the premarital agreement void and unenforceable, determining that Regina did not execute it voluntarily and that it was unconscionable. The court also found that Wayne did not provide a fair and reasonable disclosure of his property and financial obligations. The court divided the marital property equally, giving Wayne credit for certain premarital assets but rejecting his claims for additional credits related to the marital home and other expenses. The court also found that Wayne violated a temporary restraining order by using marital funds for personal expenses.The Supreme Court of the State of South Dakota affirmed the circuit court's decisions. The court held that the premarital agreement was unconscionable and that Wayne did not provide adequate disclosure of his assets. The court also upheld the equal division of the marital estate, finding no abuse of discretion in the circuit court's valuation and division of property. Additionally, the court agreed with the circuit court's treatment of Wayne's veterans' disability benefits, determining that they lost their exclusionary status when commingled with marital funds. Finally, the court affirmed the grant of divorce to Regina on the grounds of extreme cruelty, based on credible evidence of Wayne's emotional abuse. View "Goeden v. Goeden" on Justia Law

Jerry Simon, the decedent, owned a ranching operation known as Simon Ranch, Inc. He had a will that left all his property to his only child, DeLynn Hanson. Jerry married Lynda Simon in 2011, after executing his will. Lynda filed a petition as an omitted spouse seeking an intestate share of Jerry’s estate under SDCL 29A-2-301, arguing she was entitled to a share because she was not provided for in the will.The Circuit Court of the Fourth Judicial Circuit in Meade County, South Dakota, denied Lynda’s petition. The court found that Jerry had provided for Lynda outside of the will with the intent that these transfers were in lieu of any testamentary provision. The court based its decision on evidence that Jerry had transferred assets, including horses and vehicles, into joint ownership with Lynda and had made statements indicating his intent to leave Simon Ranch to his daughter and grandchildren. The court granted Lynda an elective share of 21% of Jerry’s augmented estate under SDCL 29A-2-202.The Supreme Court of the State of South Dakota reviewed the case and affirmed the circuit court’s decision. The court held that the circuit court did not clearly err in finding that Jerry intended to provide for Lynda outside of his will. The Supreme Court noted that Jerry’s statements, the amount of the transfers, and other evidence supported the conclusion that Jerry intended to omit Lynda from his will and provide for her through other means. The court upheld the denial of Lynda’s petition for an intestate share and affirmed the grant of an elective share. View "In the Matter of the Estate Of Simon" on Justia Law

SCS Carbon Transport, LLC (SCS) plans to develop a pipeline network to transport carbon dioxide (CO2) through South Dakota. Several landowners (Landowners) along the proposed route refused to allow SCS pre-condemnation survey access, which SCS claims is authorized by SDCL 21-35-31. Landowners sued in both the Third and Fifth Judicial Circuits, seeking declaratory and injunctive relief to prevent the surveys. These proceedings resulted in a consolidated appeal from six lawsuits filed by Landowners and one by SCS.The Third Circuit granted SCS summary judgment, determining that SCS was a common carrier and that SDCL 21-35-31 was constitutional. The Fifth Circuit also granted SCS summary judgment, adopting the Third Circuit’s reasoning. Landowners appealed, arguing that SCS is not a common carrier, CO2 is not a commodity, and that SDCL 21-35-31 violates the takings and due process clauses of the state and federal constitutions.The Supreme Court of South Dakota reversed the circuit courts’ grants of summary judgment on the common carrier issues. The court held that SCS’s ability to conduct pre-condemnation surveys depends on whether it is a common carrier vested with the power of eminent domain. The record did not demonstrate that SCS is holding itself out to the general public as transporting a commodity for hire. The court also found that the circuit courts abused their discretion in denying Landowners’ request for further discovery.The court further held that SDCL 21-35-31 only authorizes limited pre-condemnation standard surveys, which are minimally invasive superficial inspections. The statute, as strictly interpreted, does not violate the federal or state constitutions. The court concluded that any actual damage caused by the surveys must be justly compensated, with the amount determined by a jury. The case was remanded for further proceedings consistent with this opinion. View "Strom Trust v. SCS Carbon Transport, LLC" on Justia Law

Acuity issued a commercial auto policy to Terra-Tek, LLC, which included John Waba and Sheila Foreman as additional named insureds. Waba was injured in an auto accident with an underinsured motorist while driving a vehicle not listed under Terra-Tek’s policy. Acuity denied Waba’s claim for underinsured motorist (UIM) benefits, arguing that the vehicle he was driving was not covered under the policy. Acuity then sought a declaratory judgment to confirm that Waba was not entitled to UIM benefits.The Circuit Court of the First Judicial Circuit in Brule County, South Dakota, reviewed the case. The court found that the UIM endorsement in Terra-Tek’s policy unambiguously provided coverage to Waba for the injuries sustained in the accident, despite the vehicle not being listed as a covered auto. The court granted summary judgment in favor of Waba, determining that the policy’s language did not require Waba to be occupying a covered auto to receive UIM benefits. Acuity appealed this decision.The Supreme Court of the State of South Dakota affirmed the lower court’s decision. The court held that the UIM endorsement’s language did not limit coverage to injuries sustained while occupying a covered auto. The court noted that the policy’s definition of an insured for UIM coverage did not include such a limitation, unlike the liability coverage section, which explicitly required the insured to be occupying a covered auto. The court concluded that the policy provided UIM coverage to Waba for the accident, affirming the circuit court’s judgment in favor of Terra-Tek and Waba. View "Acuity V. Terra-Tek" on Justia Law

Leslie Torgerson, a non-Indian, and Terri Torgerson, an enrolled member of the Sisseton Wahpeton Oyate Tribe (SWO), were married in South Dakota. Terri filed for divorce in the SWO tribal court, while Leslie filed for divorce in Roberts County. Leslie moved to dismiss the tribal court proceedings, arguing lack of jurisdiction and improper service, but the tribal court denied his motion. Subsequently, Terri moved to dismiss Leslie’s state court proceedings, and the circuit court granted her motion, recognizing the tribal court’s order under the principle of full faith and credit. Leslie appealed this decision.The circuit court concluded that it shared concurrent subject matter jurisdiction with the tribal court over the divorce but deferred to the tribal court’s order, which it believed had obtained valid personal jurisdiction first. The court also found that the tribal court’s order was entitled to full faith and credit, despite Leslie’s arguments to the contrary.The Supreme Court of South Dakota reviewed the case and reversed the circuit court’s decision. The court held that the circuit court erred in extending full faith and credit to the tribal court’s order. Instead, the court should have applied the principles of comity under SDCL 1-1-25, which requires clear and convincing evidence that the tribal court had proper jurisdiction and that the order was obtained through a fair process. The Supreme Court found that the tribal court lacked both subject matter and personal jurisdiction over Leslie, a non-Indian, and that the tribal court’s order did not meet the requirements for comity. Consequently, the tribal court’s order was not enforceable, and the circuit court’s dismissal of Leslie’s divorce action was reversed. View "Torgerson v. Torgerson" on Justia Law

Kevin Jucht and Nathan Schulz are neighboring farmers. Jucht sued Schulz, alleging that Schulz's chemical spray drifted onto Jucht's property, damaging his soybeans. Jucht reported the incident to the South Dakota Department of Agriculture and Natural Resources (DANR) and subsequently filed a lawsuit against Schulz for negligence, strict liability, trespass, and nuisance, seeking actual and punitive damages. Schulz moved to dismiss the case, arguing that Jucht failed to provide the statutory notice required under SDCL 38-21-46.The Circuit Court of the First Judicial Circuit, McCook County, granted Schulz's motion to dismiss. The court concluded that Jucht's failure to provide the notice required by SDCL 38-21-46 barred him from seeking recovery for the alleged damages. Jucht appealed the decision, arguing that the lack of notice should not bar his cause of action.The Supreme Court of the State of South Dakota reviewed the case and reversed the circuit court's decision. The Supreme Court held that while SDCL 38-21-46 requires a person claiming damages from pesticide use to notify the applicator, failure to provide such notice does not automatically bar the claimant from bringing their claim. Instead, a claimant is barred from seeking recovery under SDCL 38-21-47 only if they fail to allow the applicator to inspect the alleged damage. The court emphasized that the purpose of the notice is to enable timely inspection by the applicator. The Supreme Court remanded the case for further proceedings to determine the nature and timing of the notice Schulz received and whether he was given the opportunity to inspect the damage. View "Jucht v. Schulz" on Justia Law