Justia South Dakota Supreme Court Opinion Summaries

Christine and Daniel Iiams were appointed as temporary guardians and conservators of two children. The Iiamses let their temporary guardianship and conservatorship lapse and agreed to the appointment of another couple as permanent guardians and conservators of the children. The Iiamses then filed a motion to recover the attorney’s fees they incurred while they were the temporary guardians and conservators. The circuit court denied the motion, concluding that the Iiamses were personally responsible for paying the attorneys’ fees. The Supreme Court reversed, holding that the guardianship and conservatorship attorney was statutorily entitled to reasonable compensation from the children’s estate, and the circuit court erred in requiring attorney’s fees to be recovered from the Iiamses personally. Remanded. View "In re Guardianship of G.T.C." on Justia Law

Appellant injured his lower back in 2007 while working for Employer. Employer denied further treatment that same year. Appellant filed a petition for hearing in 2009, alleging that he was entitled to medical benefits. Based on a deposition of Dr. Dale Anderson, Employer filed an amended answer admitting that Appellant’s work activities were a major contributing cause to his need for medical treatment. The Department of Labor dismissed the case in 2010. In 2011, Employer denied further medical treatment based upon a recent independent medical evaluation by another doctor. Appellant petitioned for a hearing, arguing that res judicata applied to prevent Employer from changing its position from its previous admittance. The Department found res judicata inapplicable and that Appellant failed to meet his burden of proof on causation. The circuit court affirmed. The Supreme Court reversed, holding that because Dr. Anderson’s opinion was adopted by Employer and judicially accepted by the Department through its 2010 order of dismissal, Employer was judicially estopped from taking an inconsistent position; and (2) Appellant met his burden of proving that his work-related activities as of 2010 were a major contributing cause of his disability. Remanded. View "Hayes v. Rosenbaum Signs & Outdoor Advertising, Inc. " on Justia Law

Defendant was charged with alternative counts of driving under the influence after being stopped for committing a traffic violation and having blood evidence seized from her without a warrant. Defendant filed a motion to suppress the blood test administration and results. The magistrate court granted the motion to suppress, concluding that the warrantless search conducted under the state’s implied consent statutes was unconstitutional and that the good faith exception to the exclusionary rule was inapplicable. The Supreme Court affirmed, holding (1) the blood draw in this case violated the warrant requirement of the federal constitution and state constitution; and (2) because the evidence was not obtained during a search conducted in “reasonable reliance on binding precedent,” it was not subject to the exclusionary rule. View "State v. Fierro" on Justia Law

After a jury trial, Defendant was found guilty of driving or control of a vehicle while having 0.08 percent or more of alcohol in his blood. The offense was found to be a third offense DUI within a ten-year period, and Defendant was sentenced to two years in the state penitentiary. The Supreme Court affirmed, holding (1) the circuit court did not err in denying Defendant’s motion to suppress blood evidence seized without a warrant, as the good faith exception to the exclusionary rule applied in this case; and (2) the circuit court did not err in denying Defendant’s motion to strike a previous DUI conviction from the part II information. View "State v. Edwards" on Justia Law

While Defendant was incarcerated, he killed a corrections officer. The circuit court sentenced Defendant to death for the murder. On appeal, the Supreme Court remanded Defendant’s death sentence, concluding that the circuit court may have committed prejudicial error by improperly considering, for sentencing purposes, statements made by Defendant in a psychological evaluation procured to determine his competency to stand trial. The Court remanded for the limited purpose of resentencing without the use or consideration of the psychological evaluation unless Defendant called its authority to testify. On remand, the circuit court entered an amended judgment of conviction sentencing Defendant to death. The Supreme Court affirmed Defendant’s death sentence, holding (1) the Court’s remand directions in Berget I did not infringe upon any of Berget’s constitutional rights; (2) the limited remand did not implicate or otherwise violate Defendant’s rights to be present and to allocution; and (3) Defendant’s judicial bias argument failed. View "State v. Berget" on Justia Law

Eric Kolda, a City of Yankton police officer, was terminated for violating police department policies. The City terminated Kolda by delivery of a termination letter. Kolda appealed, and the city manager upheld Kolda’s termination for cause. Kolda did not appeal to the Department of Labor and Regulation but, instead, filed a wrongful discharge action in circuit court. The circuit court ruled that Kolda could only be terminated for cause with notice and that the City failed to provide pre-termination notice. A jury found cause for the termination, and Kolda’s wrongful discharge claim was denied. However, the circuit court awarded Kolda procedural due process damages for lost wages that accrued between the time of his summary termination and the post-termination evidentiary hearing. Both parties appealed. The Supreme Court reversed and remanded for the circuit court to vacate the award of damages because Kolda failed to exhaust his administrative remedies, and the circuit court thus lacked jurisdiction to resolve Kolda’s claims. View "Kolda v. City of Yankton" on Justia Law

In 2002, East Side Lutheran Church contracted with NEXT, Inc. for construction of a new addition to its church and renovation to its existing structure. After the project was completed in 2003, East Side experienced a variety of problems throughout the structure. East Side filed suit against NEXT in July 2010. Defendants moved for summary judgment on the basis that East Side filed suit outside of the applicable six-year statute of limitations. The circuit court granted summary judgment to Defendants on the statute of limitations issue and on the issue of equitable estoppel. On appeal, the parties agreed that any claims that accrued before July 2004 were barred. At issue before the Supreme Court was whether there were any genuine issues of material fact as to whether any or all of East Side’s claims accrued before July 2004. The Supreme Court (1) reversed the circuit court’s ruling that barred East Side’s claims of design error and construction error, holding that a genuine issue of material fact existed to determine when those claims accrued; and (2) affirmed the circuit court’s grant of summary judgment on the equitable estoppel claim. Remanded. View "East Side Lutheran Church of Sioux Falls v. Next, Inc. " on Justia Law

Defendant was convicted of possession of a controlled substance and ingestion of a substance for the purpose of becoming intoxicated. The Supreme Court affirmed, holding (1) a plain reading of the statutes under which Defendant was convicted reveals that nothing precludes a conviction of unauthorized possession when the controlled substance is ingested and thereby absorbed into the human body; (2) Defendant did not face double jeopardy by being convicted of both possession of a controlled substance, by way of an altered state of cocaine absorbed into the body, and ingestion of a substance other than alcohol for purposes of becoming intoxicated; (3) there was sufficient evidence to prove venue; and (4) the circuit court did not err in instructing the jury. View "State v. Whistler" on Justia Law

After drinking heavily, Defendant opened the passenger door to his truck to get a cigarette. In doing so, Defendant inadvertently bumped the gear shift, causing it to pop into neutral. The truck then rolled into a parked vehicle. Defendant was subsequently convicted of being in “actual physical control” of a vehicle while under the influence of alcohol. The Supreme Court reversed and remanded with instructions to vacate the judgment of conviction, holding that Defendant’s actions did not put him in such control as would enable him to actually operate the vehicle in its usually and ordinary manner, nor did Defendant’s actions reflect any exercise of dominion or control over the vehicle. View "State v. Nekolite" on Justia Law

S.D. Codified Laws 53-9-6 prohibits parties from contractually limiting the statute of limitations except in the case of a “surety contract.” In this case, First Dakota National Bank purchased a financial institution bond from BancInsure, Inc. to provide coverage for liability issues that could arise in the course of the bank’s operations. The bond outlined that claims must be brought within two years of the discovery of a loss. In 2004, First Dakota issued a loan, which was obtained through forgery. First Dakota sought coverage under the bond for the loan, but BancInsure denied coverage on the ground that First Dakota had not brought suit within two years since the loss was discovered. First Dakota sued BancInsure in federal court seeking coverage under the bond and damages for the bank’s refusal to pay the claim. The district court certified to the Supreme Court the question of whether the financial institution bond in this case was a surety contract. The Supreme Court answered the question in the negative, holding that the bond in this case was not a surety contract. View "First Dakota Nat’l Bank v. BancInsure, Inc." on Justia Law