South Dakota Supreme Court Court Cases

  1. Martinmaas v. Engelmann (2000)

    A. Russell Janklow, Ronald A. Parsons, Jr. of Johnson, Heidepriem, Miner, Marlow, and Janklow, Sioux Falls, SD, and Sheila S. Woodward of Johnson, Heidepriem, Miner, Marlow, and Janklow, Yankton, SD, Attorneys for plaintiffs and appellees.

    Court: South Dakota Supreme Court Docket: None
  2. Wilson v. Great Northern Railway Company (1968)

    This is an appeal from a summary judgment granted to the defendant, Great Northern Railway Company, in an action by plaintiff to recover for personal injuries sustained in a truck-train collision.

    Court: South Dakota Supreme Court Docket: 10394
  3. Sopko v. C & R Transfer Co., Inc. (1998)

    [¶ 1.] Following his 1974 injury, claimant suffered intermittent seizures, but his doctor was unsure of their origin. Consequently, he settled his workers' compensation case with an agreement approved by the Department of Labor, specifically conceding he sustained no permanent disabling injury. In 1994, he petitioned to reopen his case after surgery revealed his seizures resulted from the original injury. Is he entitled to reopen despite having waived all future claims arising from his [...]

    Court: South Dakota Supreme Court Docket: None
  4. Moss v. Guttormson (1996)

    [¶ 1] The issue presented is whether a salesperson adversely affected by product mislabeling can assert claims against the employer-distributor for deceit and for violating South Dakota's Deceptive Trade Practices and Consumer Protection law. We conclude the claims are sustainable under both theories.

    Court: South Dakota Supreme Court Docket: 19188, 19197
  5. City of Colton v. Schwebach (1997)

    [¶ 1] City of Colton, South Dakota (City), appeals the circuit court's judgment in favor of Marie Schwebach, d/b/a Schwebach Insurance Agency (Schwebach), and Employers Mutual Casualty Company (Employers). We affirm.

    Court: South Dakota Supreme Court Docket: None
  6. State v. Pellegrino (1998)

    [¶ 1.] In this appeal, we must decide to what extent a homeowner may use deadly force in defense of home and self. During an argument in his home, defendant fatally shot his unarmed friend. Because he refused to leave and defendant perceived that he behaved in a threatening manner, defendant contends the deceased committed a burglary by unlawfully entering or "remaining" in his dwelling with intent to commit an assault, justifying use of lethal force. The jury was instructed that self-defense [...]

    Court: South Dakota Supreme Court Docket: None
  7. State v. Dillon (2001)

    [¶ 1.] A jury found the defendant guilty on five counts of first degree rape and three counts of criminal pedophilia. In three instances, the same act of sexual penetration resulted in convictions for both pedophilia and rape. We conclude that a conviction on each offense for the same act violated the double jeopardy prohibitions in the United States and South Dakota Constitutions. We affirm in part, reverse in part, and remand for resentencing.

    Court: South Dakota Supreme Court Docket: None
  8. State v. Bonner (1998)

    [¶ 1.] We are called upon to examine whether imposing the longest possible penitentiary sentence for burglary upon a developmentally disabled offender, whose accomplices received probation, constitutes cruel and unusual punishment. We conclude that under the particular circumstances of this case, the burglary sentence was grossly disproportionate to the offense committed and was thus cruel and unusual under the Eighth Amendment. We reverse and remand for resentencing on the burglary offense. [...]

    Court: South Dakota Supreme Court Docket: None
  9. City of Deadwood v. Summit, Inc. (2000)

    [¶ 1.] This appeal stems from a quiet title action initiated by City of Deadwood and Deadwood Historic Preservation Commission (City) against Summit, Inc. (Summit). The circuit court entered judgment in favor of City and found it had established ownership by (a) adverse possession; (b) boundaries by acquiescence; and (c) reformation of the deeds by which Summit acquired the disputed four lots of property. Summit appeals. We affirm in part and reverse in part.

    Court: South Dakota Supreme Court Docket: None
  10. Spenner v. CITY OF SIOUX FALLS, SOUTH DAKOTA (1998)

    [¶ 2.] In late 1995 and early 1996, a series of armed robberies occurred in the Sioux Falls area. As a result, relevant information involving these armed robberies was presented to various members of the Sioux Falls Police Department, including Officer Bob Keisacker (Keisacker). Included in this information was a physical description of the robbery suspect and the suspect's vehicle.

    Court: South Dakota Supreme Court Docket: None
  11. Fuerstenberg v. Fuerstenberg (1999)

    [¶ 1.] If a child has lived out-of-state with his mother for ten years following a divorce, may the court that granted the initial custody decree rule on a request for modification from the father who still lives in state? The mother appeals the circuit court's refusal to decline jurisdiction and its order changing physical custody. Because the circuit court entered the initial custody decree and thereafter continued to hear, without objection, custody and visitation disputes between the [...]

    Court: South Dakota Supreme Court Docket: None
  12. Arneson v. Arneson (2003)

    [¶ 1.] This appeal concerns whether the circuit court improperly considered the father's physical limitations resulting from his cerebral palsy in deciding child custody between the parents. The father challenges three aspects of the court's decision: the child custody award to the mother, the use of his structured personal injury settlement as a "source of income" for child support, and the award of attorney's fees to the mother. Because the court considered the appropriate factors in [...]

    Court: South Dakota Supreme Court Docket: None
  13. Faircloth v. Raven Industries, Inc. (2000)

    [¶ 1.] In this workers' compensation appeal, we must decide which of two statutes of limitations applies to a claim. The employer contends that the two-year limitation in SDCL 62-7-35 pertains because the employer gave written notice denying the claim. The employee, on the other hand, contends that the three-year period in SDCL 62-7-35.1 applies because the employer previously provided benefits to the employee. The Department of Labor ruled that the claim was barred under the two-year statute [...]

    Court: South Dakota Supreme Court Docket: None
  14. Alverson v. Northwestern Nat. Cas. Co. (1997)

    [¶ 1] Summary judgment was granted to Alverson on the basis that the insurance policy issued by Insurer provided coverage for certain property damage caused by Alverson in his masonry business. Insurer appeals. We reverse and hold that the exclusion for property damage when it is caused by "your work" is unambiguous. By notice of review, Alverson argues that his summary judgment motion could have been granted by applying the doctrine of reasonable expectations. We disagree and affirm the [...]

    Court: South Dakota Supreme Court Docket: None
  15. State v. Stanga (2000)

    [¶ 1.] In this appeal, we must decide if the circuit court erred in ruling that the defendant knowingly, intelligently, and voluntarily waived his Miranda rights. The interrogating officer repeatedly told the defendant that any statement he gave was "between you and me," signifying that it would not go beyond the interrogation room. Officers cannot mislead suspects on their constitutional rights. Here, the required Miranda warning that any admission can be used in court was subverted by the [...]

    Court: South Dakota Supreme Court Docket: None
  16. State v. Nelson (1998)

    [¶ 1.] At inquiry in this case is whether a trial court must follow fundamental procedures for conducting a jury trial. Although it provided complete written instructions to the jury, the court at the close of the evidence failed to read all the instructions as required by law, including those on the presumption of innocence and the burden of proof. The court also sent out thirteen jurors to deliberate, over the strenuous objections of the State and with the uninformed consent of the pro se [...]

    Court: South Dakota Supreme Court Docket: None
  17. State v. Mattson (2005)

    [¶ 1.] Defendant, while riding as a passenger, was arrested along with the driver of the vehicle and several passengers after a drug dog sniff conducted at a routine traffic stop revealed the presence of drugs. Defendant was convicted of possession of methamphetamine. On appeal, Defendant contends the trial court erred when it allowed the State to introduce as other acts evidence, statements made by and a urine sample given by Defendant to law enforcement three months prior to his arrest for [...]

    Court: South Dakota Supreme Court Docket: None
  18. State v. Moeller (1996)

    [¶ 1] In this appeal, Donald Moeller challenges his conviction of first-degree rape and first-degree murder. He was sentenced to twenty-five years in prison on the rape charge. He received a sentence of death by lethal injection for the murder conviction.[1]

    Court: South Dakota Supreme Court Docket: None
  19. State v. Goodroad (1997)

    [¶ 1.] Danny Dale Goodroad appeals a judgment of conviction and sentence for driving under the influence of alcohol, false personation (impersonation) with an intent to deceive a law enforcement officer, receiving stolen property, and of being a habitual offender. We affirm.

    Court: South Dakota Supreme Court Docket: None
  20. State v. Wright (1999)

    [¶ 1.] Believing his son was responsible for a fire in their home, defendant punched the child in the stomach, banged his head against a wall, then whipped and kicked him. In his trial for child abuse, defendant asserted that these actions were justified as appropriate parental discipline in response to the child's dangerous misbehavior. The prosecution was allowed to offer proof of two similar punishments defendant earlier administered to his children for relatively minor infractions. When [...]

    Court: South Dakota Supreme Court Docket: None

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