Justia South Dakota Supreme Court Opinion Summaries

The Supreme Court reversed the judgment of the circuit court granting Father joint custody of the parties’ child and a shared parenting child support cross-credit.At the time of their divorce, Mother and Father stipulated that Mother would have primary physical custody of the parties’ child. Five years later, Father filed a motion for change of child custody, support, and visitation, seeking a shared-parenting custody arrangement and application of a shared parenting child support cross-credit under S.D. Codified Laws 25-7-6.27. The circuit court allowed Father the cross-credit and ordered joint physical custody. In so doing, the court reduced Father’s child support payment to Mother from $442 per month to $25 per month. The Supreme Court reversed, holding that the court’s findings of fact did not support its conclusions of law, namely, that applying the cross-credit was appropriate in this case under the circumstances set forth in section 25-7-6.27. View "Sigler v. Sigler" on Justia Law

The Supreme Court affirmed the circuit court’s judgment affirming a certificate of assessment issued by the Department of Revenue requiring Valley Power Systems, Inc. to pay alternate contractor’s excise tax, use tax, interest, and a penalty.Valley Power contracted with Black Hills Power, Inc. (BHP) to install new exhaust manifolds on five mobile power units that were used by a utility company to provide supplemental power at one of its power plants, but Valley Power did not pay any tax with respect to the transaction. Instead BHP paid use tax on the transaction. After an audit of both companies, the Department refunded BHP’s use tax and issued a certificate of assessment requiring Valley Power to pay $54,404. An administrative hearing examiner and the circuit court affirmed the assessment. The Supreme Court affirmed, holding that the Department did not err in concluding that Valley Power was required to pay excise and use tax. View "Valley Power Systems v. S.D. Department of Revenue" on Justia Law

The Supreme Court affirmed the judgment of the circuit court denying Defendant’s motion for a new trial.In State v. Bausch, the Supreme Court reversed Defendant’s convictions for sexual contact and remanded the case with direction that the circuit court vacate the convictions and resentence Defendant on his four rape convictions. On remand, the circuit court vacated Defendant’s sexual contact convictions and resentenced Defendant on the four rape convictions. Defendant filed a motion for a new trial, which the circuit court denied. The Supreme Court affirmed, holding that the circuit court carried out this court’s remand directive when it vacated Defendant’s sexual contact convictions and resentenced Defendant on the four rape convictions. View "State v. Bausch" on Justia Law

The Supreme Court reversed the decision of the circuit court reversing the decision of the Pennington County Board of Commissioners reversing the decision of the Pennington County Planning Director approving a construction permit for Croell Redi-Mix Inc. to continue using and expand an existing mining operation. On appeal, the Board argued that the issuance of the permit violated Pennington County’s zoning ordinances. The Supreme Court held that the circuit court erred by reversing the Board’s decision because (1) the Board properly entertained the appeal from the Director’s decision, and the circuit court erred in concluding otherwise; (2) the Board properly declined to issue a construction permit for the purpose of doing that which is prohibited under section 507(B) of the Pennington County Zoning Ordinance, and therefore, the circuit court erred by reversing the Board’s decision; and (3) the circuit court’s conclusion that the Board acted arbitrarily in denying the construction permit was premised on an erroneous interpretation of the controlling ordinances. View "Croell Redi-Mix, Inc. v. Pennington County Board of Commissioners" on Justia Law

The Supreme Court affirmed in part and reversed and remanded in part the judgment of the circuit court, through formal condemnation proceedings, approving the petition of Montana-Dakota Utilities Co. and Otter Tail Power Co. (collectively, Utilities) seeking easements to construct a powerline across four parcels belonging to Parkshill Farms, LLC, Reuben Parks, Vera Parks, and Ordean Parks. The court held (1) the easements were taken for a public use; (2) the Utilities’ necessity determination was not an abuse of discretion; but (3) the circuit court did not adequately instruct the jury on the appropriate measure of compensation due for the easements. The court remanded for a new trial on compensation. View "Montana-Dakota Utilities Co. v. Parkshill Farms, LLC" on Justia Law

The Supreme Court reversed the decision of the circuit court denying Lawrence County’s motion to join the United States as an indispensable party to this action filed by various Landowners requesting that the County maintain a road providing access to their homes. The County denied the Landowners’ request. Petitioner appealed the County’s action, and the County moved to join the United States as an indispensable party. The circuit court denied the motion, concluding that the United States Forest Service was not an indispensable party to the action because the County failed to follow the proper procedure to grant an easement in the road to the Forest Service. The Supreme Court reversed, holding that the circuit court committed clear error in ruling on the easement without first determining whether the United States was a party that should have been joined if feasible. View "Oyen v. Lawrence County Commission" on Justia Law

The Supreme Court affirmed the sentence imposed upon Defendant to a five-year penitentiary term while Defendant was serving a probationary sentence imposed in a different criminal file. On appeal, Defendant argued that the sentencing court imposed an illegal sentence when it placed him under the dual supervision of the judicial and executive branches. The Supreme Court held (1) the sentencing court erred when it placed Defendant under simultaneous supervision of two branches of government; but (2) because Defendant was currently only under the supervision of the executive branch, the sentence was constitutional. View "State v. Humpal" on Justia Law

The Supreme Court affirmed the judgment of the circuit court convicting Defendant of threatening a judicial officer and disorderly conduct arising from statements Defendant made in the Minnehaha County Courthouse. At the conclusion of a court trial, the circuit court ruled that Defendant’s statements were “true threats” rather than speech protected by the First Amendment. Defendant appealed, arguing that his statements were protected speech and therefore could not be the basis for criminal conduct. The Supreme Court disagreed, holding that Defendant’s statements at the courthouse were not protected speech but, rather, constituted true threats under the relevant factors. View "State v. Draskovich" on Justia Law

The Supreme Court affirmed the circuit court’s denial of Landowners’ request that the State pay reasonable attorney’s fees and expenses pursuant to S.D. Codified Laws 5-2-18 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), 42 U.S.C. 4601-4655, after Landowners prevailed against the State on their claim of inverse condemnation. On appeal, Landowners argued that they were entitled to recovery of attorney’s fees and litigation expenses under section 5-2-18 because they prevailed on their inverse condemnation claim, asserting that the legislature intended to adopt by reference the URA when it enacted section 5-2-18. The Supreme Court held that the circuit court did not err in denying Landowners’ motion for attorney’s fees and expenses because, while section 5-2-18 incorporates by reference the provisions of the URA, its application is permissive rather than mandatory. View "Long v. State" on Justia Law

The Supreme Court affirmed the judgment of the circuit court convicting Defendant of first-degree murder and sentencing him to mandatory life in prison. The court held (1) the circuit court did not err in its evidentiary rulings that Defendant consented to the seizure of his property from the hospital and that the revocation of that consent did not require the return of his property; (2) the circuit court did not err in denying Defendant’s motion to suppress evidence seized at Defendant’s friend’s house; (3) the circuit court did not abuse its discretion when it admitted twenty-six autopsy photographs during the trial; (4) the circuit court did not err in denying Defendant’s motion for a new trial on his claim of improper burden shifting; and (5) the evidence was sufficient to support Defendant’s conviction. View "State v. Hemminger" on Justia Law