Justia South Dakota Supreme Court Opinion Summaries

At issue was whether a guardian’s attorney fees should be paid from a protected person’s estate when the fees were incurred in responding to pleadings to remove the guardian and to move the protected person to an assisted living facility.Beverly Sears, the guardian in this case, moved for her attorney fees incurred in a dispute seeking to remove her as guardian and to move the protected person to a facility. The parties settled, with Sears agreeing to step down as guardian but the parties deciding that the protected person would not be moved to a facility. Sears moved for her attorney fees paid from the estate. The circuit court denied the motion. The Supreme Court reversed, holding that without a resolution of factual matters relating to the necessity of the services in administering the guardianship or the reasonableness of the fee amount, the court was unable to meaningfully review the circuit court’s decision. View "In re Conservatorship of Bachand" on Justia Law

At issue was whether a guardian’s attorney fees should be paid from a protected person’s estate when the fees were incurred in responding to pleadings to remove the guardian and to move the protected person to an assisted living facility.Beverly Sears, the guardian in this case, moved for her attorney fees incurred in a dispute seeking to remove her as guardian and to move the protected person to a facility. The parties settled, with Sears agreeing to step down as guardian but the parties deciding that the protected person would not be moved to a facility. Sears moved for her attorney fees paid from the estate. The circuit court denied the motion. The Supreme Court reversed, holding that without a resolution of factual matters relating to the necessity of the services in administering the guardianship or the reasonableness of the fee amount, the court was unable to meaningfully review the circuit court’s decision. View "In re Conservatorship of Bachand" on Justia Law

The Supreme Court affirmed the judgment of the circuit court convicting Defendant of first-degree murder and sentencing him to life imprisonment.On appeal, Defendant argued that the circuit court (1) violated his Sixth Amendment right of cross-examination by refusing to admit evidence that Defendant passed a polygraph examination for the purpose of impeaching another witness’s testimony; and (2) improperly admitted character evidence used against him. The Supreme Court held (1) South Dakota’s per se rule against admitting polygraph-test results does not violate the Sixth Amendment, and the circuit court did not abuse its discretion by excluding Defendant’s polygraph evidence; and (2) the circuit court did not err by admitting evidence of Defendant’s sexual liaisons with three other women in the days leading up to the victim’s death. View "State v. Bertram" on Justia Law

The Supreme Court reversed the judgment of the circuit court granting summary judgment in favor of Defendant in this negligence action on the basis of a release signed by Plaintiff.After an automobile accident, Plaintiff agreed to sign a release releasing Defendant from all claims related to the accident in exchange for reimbursement of up to $3,000 in medical bills. Plaintiff’s medical bills, however, totaled over $400,000. Plaintiff filed a negligence claim against Defendant. The trial court granted summary judgment for Defendant based the release. The Supreme Court reversed, holding (1) there was a genuine issue of material fact as to whether Plaintiff’s consent was secured by undue influence; and (2) there was a genuine issue of material fact as to whether the release precluded Plaintiff’s claim. View "Schaefer v. Sioux Spine & Sport" on Justia Law

The Supreme Court affirmed the circuit court’s issuance of an injunction requiring modification or reconstruction of a new home but reversed the circuit court’s conclusion that the City of Sioux Falls owed adjacent property owners a duty to properly enforce building codes. Property owners adjacent to a newly constructed home located within a historic district sought the injunction and also alleged that the City was negligent in issuing a building permit and failing to enforce state regulations on new construction in historic districts as well as a local ordinance governing chimneys. The Supreme Court held (1) the circuit court did not err in granting an injunction with respect to the historic-district regulations; but (2) the circuit court erred in concluding that the new home violated the chimney ordinance and that the City owed a duty to the adjacent owners. View "McDowell v. Sapienza" on Justia Law

The Supreme Court affirmed the judgment of the circuit court, rendered after a jury trial, convicting Defendant of aggravated assault (domestic) and simple assault (domestic). On appeal, Defendant challenged the circuit court’s admission of evidence of alleged instances of prior domestic abuse and claimed that his trial counsel was constitutionally ineffective. The Supreme Court held (1) the circuit court did not err in admitting the other acts evidence; and (2) counsel was not so ineffective that it deprived Defendant of his constitutional rights to counsel and a fair trial. View "State v. Phillips" on Justia Law

The Supreme Court affirmed the order of the circuit court granting summary judgment in favor of Employer and certain members of its management staff in this suit brought by Employee after Employee was terminated for allegedly slapping and secluding a senior care facility resident. The Supreme Court held that the circuit court properly granted summary judgment against Employee on his slander claim, intentional infliction of emotional distress claim, malicious prosecution claim, claim for punitive damages, wrongful termination claim, negligent infliction of emotional distress claim, and breach of contract claim. View "Harvey v. Regional Health Network" on Justia Law

Dallas Schott, owner of Corson County Feeders, Inc., sued South Dakota Wheat Growers Association (SDWG), alleging its agronomist incorrectly prescribed a herbicide that Schott sprayed on his 2014 sunflower crop. The herbicide was not labeled for use on all of Schott’s sunflowers, and 1,200 acres were destroyed. The circuit court granted SDWG summary judgment, ruling that Schott assumed the risk. After review, the South Dakota Supreme Court reversed and remanded after finding there were disputed issues of fact concerning Schott’s knowledge and appreciation of the risk. View "Schott v. So. Dakota Wheat Growers Assn." on Justia Law

Sally Richardson alleged that her husband Michael forced her to work as a prostitute during the course of their marriage. Sally also alleged that Michael emotionally, physically, and sexually abused her, causing both humiliation and serious health problems. Sally divorced Michael on the grounds of irreconcilable differences, reserving by stipulation the right to bring other nonproperty causes of action against him. Following the divorce, Sally brought suit against Michael, alleging intentional infliction of emotional distress (IIED). The court, bound by South Dakota Supreme Court precedent in Pickering v. Pickering, 434 N.W.2d 758, (S.D. 1989), dismissed Sally’s suit for failing to state a claim upon which relief can be granted. Pickering held IIED was unavailable as a matter of public policy when it was predicated on conduct leading to the dissolution of marriage. Finding that Pickering was “ripe for reexamination for a number of reasons,” the South Dakota Supreme Court overruled Pickering, and reversed and remanded dismissal of Sally’s suit. View "Richardson v. Richardson" on Justia Law

In 2016, Berton Toavs shot and killed his girlfriend Eliza Edgins and his friend Nathan Gann at Toavs’s home in Faith, South Dakota. Toavs and Edgins were in an off-and-on romantic relationship for some time, and Gann had been staying at Toavs’s home for approximately six weeks prior to the incident. During the time Gann had been staying with Toavs, a romantic relationship developed between Edgins and Gann. Gann and Edgins apparently planned to leave South Dakota and continue their relationship. After hearing this news, Toavs left the house, returning the following morning. Toavs and Edgins argued, ending with Toavs going to his bedroom, grabbing his .45 caliber Colt revolver, and shooting Edgins multiple times. He then shot Gann, who had been sleeping on the living room floor. Both Edgins and Gann died from the gunshot wounds. Toavs appeals his sentences issued on two counts of first-degree manslaughter, arguing the sentencing court abused its discretion in ordering him to serve two consecutive sentences of 110 and 100 years. According to Toavs, the sentencing court did not adequately consider whether Toavs was capable of rehabilitation prior to imposing the sentences. Finding no reversible error, the South Dakota Supreme Court affirmed Toavs’s sentences. View "South Dakota v. Toavs" on Justia Law