6,883 Cases Found
2002 S.D. 122 (2002) | Cited 31 times
... Affirmed in part, Reversed in part Argued on May 30, 2002, Opinion Filed Oct 2, 2002 [¶1] We are confronted with the question whether a lawyer who incorporates a business on behalf of an individual client owes any duty of care to the corporation thus created and to its director-investors who have ...
2003 S.D. 80 (2003) | Cited 21 times
... Argued on January 15, 2003 [¶1.] Greg Roth (Roth) brought claims of age discrimination and invasion of privacy against his former employer, Farner-Bocken Company (Farner). A jury returned a verdict finding in favor of Farner on Roth's age discrimination claim and a verdict in favor of Roth on the ...
132 N.W.2d 826 (1965) | Cited 20 times
... PER CURIAM. An appeal to this court was taken by the serving and filing of notice of appeal on August 17, 1964. The record was settled on September 1, 1964. Appellant has not filed a brief or taken other proceedings in prosecution of the appeal. The appeal is deemed abandoned and the judgment ...
758 N.W.2d 436 (2008) | Cited 20 times
... ARGUED APRIL 22, 2008 [¶1.] On August 31, 2005, plaintiff James Scott Kirlin (Kirlin) commenced a lawsuit in the South Dakota Second Judicial Circuit for personal injuries and other losses against defendants Kim Halverson (Halverson), Kelly Cawthorne (Cawthorne) and PKJ, Inc. d/b/a Empire HVAC ...
771 N.W.2d 623 (2009) | Cited 19 times
... ARGUED JANUARY 13, 2009 [¶1.] Dakota, Minnesota and Eastern Railroad (DM&E) filed this action claiming that Acuity, f/k/a Heritage Mutual Insurance Co. (Acuity), engaged in bad faith and vexatious failure to pay uninsured motorist (UM) benefits. DM&E appeals the circuit court's entry of summary ...
699 N.W.2d 493 (2005) | Cited 15 times
... Considered on Briefs on March 21, 2005 [¶1.] Allen L. Guthmiller (Guthmiller) appeals the judgment of the circuit court dismissing this matter based on the three year statute of limitations contained in SDCL 15-2-14.4. By notice of review, the defendants appeal the trial court's decision denying ...
737 N.W.2d 397 (2007) | Cited 15 times
... ARGUED ON NOVEMBER 29, 2006 [¶1.] Plaintiff was injured when a sports product manufactured by defendant malfunctioned and struck her arm. She brought suit against defendant alleging negligence, strict liability (defective design), and strict liability (failure to warn). Defendant moved for summary ...
574 N.W.2d 633 (1998) | Cited 15 times
... [¶1] After his injury in an automobile accident, Dominic Kobbeman collected the policy limits from the tortfeasor's insurance company, but Kobbeman believed his damages exceeded that amount. He took an assignment of the tortfeasor's cause of action against his insurance agents in exchange for a ...
2002 S.D. 38 (2002) | Cited 15 times
... Appeal from the Circuit Court of The Sixth Judicial Circuit Hughes County, South Dakota Hon. James W. Anderson, Judge Argued November 15, 2001 [¶1.] Paul A. and Mary Pat Mueller brought this action against Al's Oasis, Cedar Shore Resort, Inc. (CSR), and individually named directors and ...
616 N.W.2d 878 (2000) | Cited 15 times
... Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. Glen A. Severson, Judge Affirmed in part; Reversed in part Argued Jan 12, 2000 [¶1] In Issue 1, Dr. Reuben Setliff (Setliff) appeals the trial court's granting of summary judgment to Dr. Robert Akins (Akins) and Great Plains ...
714 N.W.2d 884 (2006) | Cited 13 times
... ARGUED MARCH 21, 2006 [¶1.] Sioux Valley Hospital and Sioux Valley Heart Partners (hereinafter "SVH"), appeal from an order granting the plaintiff's, Marc Weitzel, M.D. (hereinafter Weitzel), motion for summary judgment on a breach of contract claim. SVH also appeals the circuit court's ...
2002 S.D. 132 (2002) | Cited 13 times
... Affirmed Considered on Briefs August 26, 2002 ¶1 Injured in a traffic accident while riding a bus, a passenger sued the bus company and its driver for the tort of intentional infliction of emotional distress. The passenger alleged that following the accident, the bus company and its driver ...
590 N.W.2d 463 (1999) | Cited 13 times
... South Dakota Supreme Court Appeal from the Third Judicial Circuit, Beadle County, SD Hon. Ronald Roehr, Judge Affirmed Argued Sep 16, 1998; Opinion Filed Feb 10, 1999 [¶1] Without an evidentiary hearing, the circuit court dismissed the habeas corpus applicant's claims for undue delay in filing ...
576 N.W.2d 531 (1998) | Cited 11 times
... Reversed ACTION National Farmers Union Property & Casualty Company (Company) appeals the trial court's order granting summary judgment to Ivan and Neil Zochert, d/b/a/ Zochert Farms, Inc. (Zochert). We reverse and remand for determination of the appropriate depreciation cost. FACTS On May 17, ...
538 N.W.2d 783 (1995) | Cited 11 times
... MILLER, Chief Justice (on reassignment). Daniel G. Tipton, his wife Lisa Tipton, and two of their children sued the Town of Tabor and Bon Homme County for damages incurred when one of the Tipton children was mauled by wolf-dog hybrids owned by a private individual. The circuit court granted ...
583 N.W.2d 399 (1998) | Cited 11 times
... DELMER STENE, Plaintiff and Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Defendant and Appellee. [1998 SD 95] South Dakota Supreme Court Appeal from the First Judicial Circuit, Union County, SD Hon. Richard Bogue, Judge Affirmed Argued Jun 1, 1998; Opinion Filed Aug 19, 1998 [¶1] ...
599 N.W.2d 344 (1999) | Cited 11 times
... SOUTH DAKOTA SUPREME COURT South Dakota Supreme Court Appeal from the Eighth Judicial Circuit, Lawrence County, SD Hon. Timothy R. Johns, Judge Affirmed Considered on Briefs Mar 23, 1999; Opinion Filed Jun 30, 1999 [¶1] Bruce Edgar Smith Sr., (Smith) was indicted on twenty-five counts of rape ...
2001 S.D. 106 (2001) | Cited 11 times
... South Dakota Supreme Court Appeal from the Circuit Court of The Second Judicial Circuit Minnehaha County, South Dakota Hon. Glen A. Severson, Judge Considered on Briefs April 24, 2001 [¶1.] Justice Robert A. Amundson delivers the majority opinion of the Court on Issue One which holds that the ...
575 N.W.2d 457 (1998) | Cited 10 times
... Greene v. Morgan, Theeler, Cogley & Petersen, 1998 SD 16 February 18, 1998 In 1988, attorney Jack Theeler prepared an antenuptial agreement for Terry Greene. The agreement, among other things, purported to waive any right that Greene's fiancee would have to alimony should the couple ever divorce. ...
757 N.W.2d 756 (2008) | Cited 10 times
... ARGUED SEPTEMBER 30, 2008 [¶1.] Discover filed a motion for summary judgment in a breach of contract claim against cardholder Joseph Stanley. Discover did so without filing a statement of undisputed material facts. The circuit court granted Discover's motion, and entered a judgment against ...
721 N.W.2d 83 (2006) | Cited 10 times
... ARGUED ON NOVEMBER 9, 2005 REASSIGNED APRIL 17, 2006 [¶1.] In this abuse and neglect action, the mother appeals the judgment terminating her parental rights. She contends that the State's failure to proceed with a new allegation during a previous abuse and neglect proceeding makes the issue res ...
721 N.W.2d 431 (2006) | Cited 10 times
... ARGUED APRIL 25, 2006 OPINION [¶1.]Kenneth Duebendorfer signed a power of attorney naming Randy and Kathy Moller (Mollers) as his attorneys-in-fact. Mollers engaged in acts of self-dealing using the power of attorney. Maxine Bienash filed a complaint and the circuit court granted summary judgment ...
771 N.W.2d 329 (2009) | Cited 9 times
... CONSIDERED ON BRIEFS ON APRIL 27, 2009 [¶1.] Defendant was convicted of aggravated assault based on the testimony of his co-perpetrators and an eye witness who placed him at the scene of the crime. On appeal, Defendant alleges the trial court erred when it did not permit him to impeach the eye ...
399 N.W.2d 320 (1987) | Cited 9 times
... MORGAN, Justice On the 16th day of May, 1986, the Honorable Andrew W. Bogue, Senior Judge, United States District Court, District of South Dakota, Western Division, pursuant to SDCL 15-24A-1, requested that this court answer the question of law contained in a certification order. On June 2, 1986, ...
589 N.W.2d 610 (1999) | Cited 9 times
... South Dakota Supreme Court Appeal from the Third Judicial Circuit, Codington County, SD Hon. Robert L. Timm, Judge Affirmed Argued Dec 1, 1998; Opinion Filed Feb 24, 1999 [¶1] This is an appeal from a jury verdict in an alienation of affections case. Michael Veeder (Michael) brought suit against ...
694 N.W.2d 238 (2005) | Cited 9 times
... Argued on August 24, 2004 [¶1.] Scott Gloe's parents were struck and killed by an automobile. Gloe's parents did not reside in his household, they were not insured under his auto policy, and neither Gloe nor his covered automobile was involved in the accident. Nevertheless, Gloe asserted a ...
2003 S.D. 125 (2003) | Cited 9 times
... Argued on May 30, 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 ...
721 N.W.2d 438 (2006) | Cited 9 times
... CONSIDERED ON BRIEFS ON MAY 25, 2006 OPINION [¶1.] Kenneth Duebendorfer executed a will that made Randy and Kathy Moller (Mollers) the chief beneficiaries. Upon Duebendorfer's death, several individuals filed a petition contesting probate of the will. A jury found the will to be the product of ...
764 N.W.2d 474 (2009) | Cited 9 times
... ARGUED NOVEMBER 4, 2008 [¶1.] Master Blaster, Inc. (Master Blaster) appeals several evidentiary and legal rulings made at the jury trial in which it was found liable for damages caused to Supreme Pork, Inc. (Supreme Pork). We affirm. FACTS [¶2.] In 1999, a small fire broke out in the pressure ...
581 N.W.2d 510 (1998) | Cited 9 times
... South Dakota Supreme Court Appeal from the Third Judicial Circuit, Kingsbury County, SD Hon. Jon R. Erickson, Judge Reversed Argued Dec 2, 1997; Opinion Filed Jul 8, 1998 [¶1] In this appeal, we examine whether an attorney's purported misrepresentation of fact to an adversary may toll the ...
582 N.W.2d 386 (1998) | Cited 9 times
... SOUTH DAKOTA EDUCATION ASSOCIATION/NEA, By and Through Its President, Elaine Roberts; and South Dakota Education Association Council on Higher Education, By and Through Its President James Zeman; Lona Lewis; Barb Peterson; Jerry Sweeney; Lela Holcomb; Henry Linares; David Boyles; Kathleen Parrow; ...
612 N.W.2d 600 (2000) | Cited 8 times
... Appeal from the Third Judicial Circuit, Codington County, SD Hon. Robert L. Timm, Judge Affirmed Argued Jan 13, 2000; Opinion Filed Jun 28, 2000 [¶1] In this appeal we affirm jury verdicts in three consolidated medical malpractice actions against a former physician. We hold that for tort ...
594 N.W.2d 328 (1999) | Cited 8 times
... State v. Laible, 1999 SD 58 SOUTH DAKOTA SUPREME COURT State v. Laible, 1999 SD 58 South Dakota Supreme Court Appeal from the Fourth Judicial Circuit, Miner County, SD Hon. Lee D. Anderson, Judge Affirmed Argued Oct 19, 1998; Opinion Filed May 12, 1999 [¶1] Defendant, Ben Laible, appeals a ...
694 N.W.2d 859 (2005) | Cited 8 times
... Argued June 2, 2004 [¶1.] Dr. Reuben Setliff (Setliff) brought claims for breach of employment contract, breach of a duty of loyalty, and conspiracy against Dr. Robert Akins (Akins) upon his departure from Setliff Medical Clinic (Clinic). Setliff also brought claims against consultant Randall ...
587 N.W.2d 439 (1998) | Cited 8 times
... State v. Nelson, 1998 SD 124 South Dakota Supreme Court Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. William J. Srstka Jr., Judge Reversed Argued Oct 20, 1998; Opinion Filed Dec 16, 1998 [¶1] At inquiry in this case is whether a trial court must follow fundamental ...
596 N.W.2d 45 (1999) | Cited 8 times
... HTML Code Copyright State Bar of South Dakota, 1999 South Dakota Supreme Court Appeal from the Fifth Judicial Circuit, Brown County, SD Hon. Larry H. Lovrien, Judge Affirmed Considered on Briefs Apr 26, 1999; Opinion Filed May 26, 1999 [¶1] The trial court granted summary judgment in favor of ...
459 N.W.2d 833 (1990) | Cited 8 times
... This appeal involves a dispute between an agricultural debtor and a creditor bank. It has its basis in the debtor's inability to satisfy a large debt load while faced with the rural economic crisis of the 1980's. Glen and Elizabeth Garrett (Garrett) owned and operated a 5400 acre farm and cattle ...
2000 S.D. 137 (2000) | Cited 8 times
... South Dakota Supreme Court Appeal from the First Judicial Circuit, Yankton County, SD Hon. Arthur L. Rusch, Judge Affirmed Considered on Briefs Sep 18, 2000; Opinion Filed Nov 1, 2000 [¶1] The Judgment and Decree of Divorce incorporated a Stipulation and Agreement providing for the division of ...
775 N.W.2d 508 (2009) | Cited 8 times
... CONSIDERED ON BRIEFS ON MAY 26, 2009 [¶1.] Thomas Muhm was convicted of all five counts in an indictment alleging: one count of attempted first degree rape, one count of first degree rape, two counts of sexual contact with a child under sixteen, and one count of criminal pedophilia. The charges ...
691 N.W.2d 611 (2005) | Cited 8 times
... Considered on Briefs on June 1, 2004 [¶1.] Under the Adoption and Safe Families Act (ASFA), enacted in 1997, "reasonable efforts" to reunify a family are not required before termination of parental rights when a parent has a pattern of abusive or neglectful behavior constituting an aggravated ...
583 N.W.2d 405 (1998) | Cited 8 times
... PRAIRIE LAKES HEALTH CARE SYSTEM, INC., Plaintiff and Appellee, v. DWIGHT R. WOOKEY, Defendant and Appellant, and Harold K. Wookey and Merna L. Wookey, Defendants. [1998 SD 99] South Dakota Supreme Court Appeal from the Third Judicial Circuit, Clark County, SD Hon. Robert L. Timm, Judge Affirmed ...
2001 S.D. 16 (2001) | Cited 8 times
... South Dakota Supreme Court Appeal from the Circuit Court of The Seventh Judicial Circuit Pennington County, South Dakota Hon. John E. Fitzgerald, Judge Argued November 29, 2000 Opinion Filed 1/31/2001 [¶1.] Pursuant to SDCL 47-6-48, First Western Bank of Wall (Bank) petitioned the circuit court ...
774 N.W.2d 272 (2009) | Cited 8 times
... ARGUED ON APRIL 28, 2009 [¶1.] Probationer Neal J. Lemler's alcohol monitoring bracelet registered three "drinking events," and the State petitioned to revoke his probation. At the probation violation hearing, the circuit court ruled the State's expert was qualified to testify concerning ...
2003 S.D. 99 (2003) | Cited 8 times
... Argued on May 29, 2003 ¶1. While Tonette Hauff and David Hauff were married, Tonette applied for and received a Citibank credit card account. Although it was Tonette's account, she authorized David to obtain a card and become an authorized user of her account. In preparation for their subsequent ...
620 N.W.2d 599 (2000) | Cited 8 times
... Appeal from the Seventh Judicial Circuit, Pennington County, SD Hon. Merton B. Tice Jr., Judge Affirmed in part; Reversed in part Considered on Briefs Sep 18, 2000 [¶1] In this contract dispute, we review both the circuit court's order disallowing punitive damages and its summary judgment ...
2001 S.D. 58 (2001) | Cited 8 times
... South Dakota Supreme Court Appeal from the Circuit Court of The Fourth Judicial Circuit Lake County, South Dakota Hon. Timothy D. Tucker, Judge Considered on Briefs January 8, 2001 [¶1.] Troy Martin Verhoef appeals from a judgment of conviction on five counts of sexual contact with a child under ...
2003 S.D. 47 (2003) | Cited 8 times
... Argued on October 8, 2002 Reassigned January 10, 2003 [¶1.] Defendant was tried by a jury and convicted of vehicular homicide and two counts of vehicular battery. He was sentenced to prison. He appeals asserting that the trial court erred in (1) denying the suppression of his blood draw result; ...
589 N.W.2d 608 (1999) | Cited 7 times
... South Dakota Supreme Court Appeal from the Third Judicial Circuit, Beadle County, SD Hon. Jon R. Erickson, Judge Affirmed Considered on Briefs Jan 14, 1999; Opinion Filed Feb 24, 1999 [¶1] Lakes' Byron Store, Inc. (Lakes') appeals a summary judgment granted to Auto-Owners Insurance Company ...
775 N.W.2d 221 (2009) | Cited 7 times
... CONSIDERED ON BRIEFS ON FEBRUARY 17, 2009 [¶1.] In a case of first impression, we are confronted with the question whether the community caretaker doctrine, which we previously applied to an automobile search, should also be applied to a home search. After smelling ammonia fumes outside a home, ...
590 N.W.2d 243 (1999) | Cited 7 times
... Hayes v. Northern Hills General Hospital, 1999 SD 28 South Dakota Supreme Court Appeal from the Eighth Judicial Circuit, Lawrence County, SD Hon. Scott C. Moses, Judge Affirmed in part; Reversed in part Argued Jan 14, 1999; Opinion Filed Mar 10, 1999 [¶1] Doctor Hayes (Hayes) brought suit ...
704 N.W.2d 287 (2005) | Cited 7 times
... Argued on May 25, 2005 [¶1.] An automobile was involved in a single car accident triggering the collision coverage in a personal automobile policy. The insurer tendered the total cost of repairs. However, the insureds contended that they were also entitled to any diminished market value that ...
754 N.W.2d 56 (2008) | Cited 7 times
... CONSIDERED ON BRIEFS ON JANUARY 7, 2008 [¶1.] On May 10, 2006, Frankie Lee Bowker (Bowker) was indicted by a Minnehaha County grand jury on one count of possession of a controlled substance in violation of SDCL 22-42-5, and one count of possession of drug paraphernalia in violation of SDCL ...
2004 S.D. 1 (2004) | Cited 7 times
... Considered on Briefs November 17, 2003 ¶1. Donald Luther sued Dan Britton and the City of Winner (City) for negligence. City brought a motion for summary judgment in which Britton joined. The trial court denied that motion. Britton then brought another motion for summary judgment which City ...
2003 S.D. 133 (2003) | Cited 7 times
... Argued on August 26, 2003 ¶1. Connie Phen made a claim against an uninsured motorist provision in her contract of insurance with Progressive Northern Insurance Company (Progressive). Progressive denied the claim and Phen brought suit to force payment of the claim. Phen also alleged that ...
760 N.W.2d 381 (2009) | Cited 7 times
... CONSIDERED ON BRIEFS NOVEMBER 3, 2008 OPINION [¶1.] Robert Steichen appeals the denial of his petition for habeas corpus relief. Specifically, Steichen argues that the admission of SDCL 19-12-5 (Rule 404(b)) evidence of other acts violated his due process rights; that he had ineffective ...
707 N.W.2d 85 (2005) | Cited 7 times
... Argued on August 31, 2005 [¶1.] South Dakota indirect-purchasers of Microsoft operating systems software brought a state antitrust class action against Microsoft. A settlement agreement reached by the parties and approved by the trial court included the payment of Plaintiffs' "reasonable attorney ...
607 N.W.2d 8 (2000) | Cited 7 times
... Appeal from the Third Judicial Circuit, Beadle County, SD Hon. Jon R. Erickson, Judge Affirmed Considered on Briefs Nov 29, 1999; Opinion Filed Feb 23, 2000 [¶1] Ruby Peterson (Ruby) appeals the circuit court's granting of summary judgment in favor of Robert C. Hohm, Paul Hohm, Tschetter & Hohm ...
692 N.W.2d 544 (2005) | Cited 7 times
... Argued on January 12, 2005 [¶1.] S.T., a four-year-old child, made statements to her mother, a deputy sheriff, and a social worker alleging sexual contact by Derrick Carothers. The State moved to introduce the statements at trial, indicating that S.T. would be available as a witness. The trial ...
2002 S.D. 144 (2002) | Cited 7 times
... Considered on Briefs Oct 3, 2002; Opinion Filed Nov 26, 2002 [¶1] Intervenors W.S. and S.S. (foster parents) appeal a circuit court order transferring jurisdiction over this child abuse and neglect case to the Tribal Court of the Standing Rock Sioux Tribe of North and South Dakota. We affirm. ...
597 N.W.2d 434 (1999) | Cited 7 times
... Nielson v. AT&T Corp., 1999 SD 99 HTML Code © State Bar of South Dakota, 1999 South Dakota Supreme Court Appeal from the Seventh Judicial Circuit, Pennington County, SD Hon. Thomas L. Trimble, Judge Reversed Argued Mar 24, 1999; Opinion Filed Jul 28, 1999 [¶1] Gregg Nielson, father, personal ...
698 N.W.2d 555 (2005) | Cited 7 times
... Argued on January 13, 2004 [¶1.] Jon and Don Behrens (jointly referred to as Behrens) owned and operated a funeral home in Rapid City. Without the assistance of legal counsel, they negotiated an agreement to sell their business to Loewen International, Inc. After signing the agreement, Behrens ...
2001 S.D. 142 (2001) | Cited 7 times
... Appeal from the Circuit Court of The Third Judicial Circuit Codington County, South Dakota Hon. Ronald K Roehr, Judge Argued on March 20, 2001 Reassigned 9/4/2001 [¶1.] Connie Cutler Christians (Connie) was granted a divorce from her husband Michael Arlo Christians (Michael). Michael appeals ...
762 N.W.2d 629 (2009) | Cited 7 times
... ARGUED ON September 29, 2008 [¶1.] Samina Gul, M.D. (Dr. Gul) commenced an action for breach of contract, defamation, and violation of due process against the Center for Family Medicine (CFM) and one of its physicians, Dr. Earl Kemp (Dr. Kemp). The parties filed cross motions for summary judgment, ...
621 N.W.2d 171 (2001) | Cited 7 times
... Appeal from the Circuit Court of The Second Judicial Circuit Minnehaha County, South Dakota Hon. WILLIAM J. SRSTKA, JR., Judge Considered on Briefs November 27, 2000 [¶1.] Arnold Murray Construction, L.L.C. sued Eugene Hicks for possession of his apartment pursuant to SDCL 21-16-1, alleging that ...
789 N.W.2d 80 (2010) | Cited 7 times
... ARGUED AUGUST 25, 2010 [¶1.] Todd Ronald Brim was convicted of ten counts of Rape in the Second Degree and five counts of Sexual Contact With a Child Under Sixteen. Brim appeals, raising four issues: whether the trial court (1) erred by denying his motion for judgment of acquittal; (2) erred by ...
709 N.W.2d 783 (2006) | Cited 6 times
... Argued March 24, 2004 [1.] Briley Piper (Piper) pleaded guilty to felony murder, kidnapping, robbery in the first degree, burglary in the first degree, and grand theft. After waiving his right to a jury trial and sentencing by jury, the circuit court sentenced Piper to death by lethal injection on ...
2000 S.D. 116 (2000) | Cited 6 times
... Appeal from the Sixth Judicial Circuit, Hughes County, SD Hon. Steven L. Zinter, Judge Reversed Argued Oct 18, 1999; Opinion Filed Aug 23, 2000 [¶1] Wausau Underwriters Insurance Company (Wausau) appeals the trial court's judgment finding Wausau breached its duty to defend its insured South ...
617 N.W.2d 837 (2000) | Cited 6 times
... Reversed Considered On Briefs On September 18, 2000 Opinion Filed 10/18/00 [¶1.] If, after issuing a traffic warning, an officer tells a driver she is free to leave but asks for her consent to search her vehicle for drugs, and she refuses, may the officer then detain the driver to await the use ...
755 N.W.2d 120 (2008) | Cited 6 times
... ARGUED ON APRIL 24, 2008 [¶1.] A jury convicted James Cottier (Cottier) of Manslaughter in the First Degree with a Dangerous Weapon, in violation of 22-16-15(3) (2005). 1 Cottier appeals and we affirm. FACTS [¶2.] On June 21, 2005, a worker found the badly cut-up body of Cameron Red Star on the ...
736 N.W.2d 808 (2007) | Cited 6 times
... ARGUED ON MARCH 19, 2007 [¶1.] Nicole Mulligan was convicted of first degree manslaughter in the death of her boyfriend, Richard Goldade. She appeals claiming that: the State failed to prove criminal intent; her restitution sentence was illegal; a Batson violation occurred; and a spoliation of ...
769 N.W.2d 817 (2009) | Cited 6 times
... CONSIDERED ON BRIEFS ON APRIL 29, 2009 [¶1.] Ed Cable (Cable) and Save Union County, LLC, (Save Union County) filed an appeal under SDCL 7-8-27 in circuit court seeking an order reversing the issuance by the Union County Board of Commissioners (County) of a rezoning permit to Hyperion, LLC, ...
2002 S.D. 137 (2002) | Cited 6 times
... Reversed Considered on Briefs Apr 23, 2002 ¶1 Mary Beth Kennedy (Kennedy) appeals a circuit court judgment reversing an award of workers' compensation benefits to Kennedy by the South Dakota Department of Labor (DOL). Avera St. Luke's Midland Regional Medical Center (St. Luke's) has filed a ...
759 N.W.2d 534 (2008) | Cited 6 times
... CONSIDERED ON BRIEFS NOVEMBER 3, 2008 [¶1.] Although never decided in South Dakota, many jurisdictions hold that, as a general rule, an unexplained transfer of money or property from a parent to a child creates a rebuttable presumption that the transfer was intended as a gift. In this case, nine ...
689 N.W.2d 196 (2004) | Cited 6 times
... Argued April 28, 2004 ¶1. Dakota Truck Underwriters and Travelers Insurance Co. (Insurers) appeal from a circuit court order which dismissed Insurers' claims for reimbursement from the South Dakota Subsequent Injury Fund (SIF) because Insurers failed to file their claims within the applicable ...
587 N.W.2d 729 (1999) | Cited 6 times
... Chord v. Reynolds, 1999 SD 1 South Dakota Supreme Court Appeal from the Seventh Judicial Circuit, Pennington County, SD Hon. Janine M. Kern, Judge Affirmed Considered on Briefs Dec 3, 1998; Opinion Filed Jan 6, 1999 [¶1] Robert Chord (Chord) filed this negligence action against Chance Reynolds ...
2001 S.D. 127 (2001) | Cited 6 times
... Appeal from the Circuit Court of The Sixth Judicial Circuit Hughes County, South Dakota Hon. Steven L. Zinter, Judge Considered on Briefs August 28, 2001 [¶1.] Henry Blackwell, Sr. (Blackwell) is the owner of a dog declared by an animal control officer to be "dangerous" pursuant to Pierre City ...
724 N.W.2d 334 (2006) | Cited 6 times
... ARGUED OCTOBER 3, 2006 [¶1.] Petition for dissolution of a partnership was brought by the general partner. The circuit court found the fair market value of the partnership was $6.2 million and ordered the majority partners to buy the business for that price within ten days or it would be sold on ...
720 N.W.2d 655 (2006) | Cited 6 times
... ARGUED MARCH 21, 2006 [¶1.]Dakota, Minnesota and Eastern Railroad (DM&E) sued its automobile insurance company, Acuity, alleging that the negligence of an unidentified and uninsured motorist caused an accident involving a vehicle driven by DM&E employee Julian Olson (Olson) and that the business ...
727 N.W.2d 816 (2007) | Cited 6 times
... ARGUED AUGUST 30, 2006 [¶1.] Ralph Buchhold (Buchhold) was convicted by a jury of one count of second degree rape, six counts of third degree rape, and four counts of sexual contact with a child under the age of sixteen. He was sentenced to 25 years in the state penitentiary on the second degree ...
2002 S.D. 121 (2002) | Cited 6 times
... Affirmed Argued May 29, 2002, Opinion Filed October 2, 2002 [¶1] Four Square Partnership (Four Square) appeals the judgment of the trial court in favor of Action Mechanical, Inc. (Action Mechanical) and H & N Electric, Inc. (H & N). Four Square claims principles of equity preclude Action ...
2002 S.D. 82 (2002) | Cited 6 times
... Affirmed Argued Jan 10, 2002 [¶1] In this appeal, we decide whether a contract clause requires compulsory arbitration. The trial court ruled that federal law mandates arbitration. We affirm. BACKGROUND [¶2] Defendant Nature's 10, Inc., was incorporated in South Dakota in 1995. In 1996, ...
599 N.W.2d 866 (1999) | Cited 6 times
... State v. Timperley, 1999 SD 75 SOUTH DAKOTA SUPREME COURT State v. Timperley, 1999 SD 75 South Dakota Supreme Court Appeal from the Fourth Judicial Circuit, Davison County, SD Hon. Lee D. Anderson, Judge Affirmed Considered on Briefs Jan 14, 1999; Opinion Filed Jun 23, 1999 [¶1] David Edward ...
2001 S.D. 126 (2001) | Cited 6 times
... Appeal from the Circuit Court of The Second Judicial Circuit Minnehaha County, South Dakota Hon. Larry H. Lovrien, Judge Argued May 31, 2001 [¶1.] Attorneys Glen Johnson and Gregory Eiesland (Johnson and Eiesland) petitioned for intermediate appeal from a circuit court decision that determined ...
707 N.W.2d 123 (2005) | Cited 6 times
... Considered on Briefs on October 3, 2005 [¶1.] In this personal injury action, the circuit court granted summary judgment for the defendant. We affirm. Background [¶2.] On Saturday, April 26, 2003, Monica Bordeaux brought her eleven-year-old son, G.B.F., to Billy Mills Hall in Pine Ridge, South ...
787 N.W.2d 768 (2010) | Cited 6 times
... ARGUED MARCH 23, 2010 [¶1.] American Family Insurance initiated this declaratory action to determine whether its homeowner's policy covered damages awarded against its insured in an underlying tort action for negligent misrepresentation. The circuit court in the underlying action found that the ...
2002 S.D. 135 (2002) | Cited 6 times
... Considered on Briefs Apr 23, 2002; [¶1] George and Gwen Bunkers, doing business as George Bunkers Construction (Bunkers Construction), appeal the trial court's decision awarding damages in favor of Gary and Diane Jacobson (Jacobson) in a cost-plus contract dispute. By notice of review, Jacobson ...
702 N.W.2d 379 (2005) | Cited 6 times
... Argued on April 27, 2005 [¶1.] State Auto insured a vehicle that, while being operated by an unauthorized driver, was involved in a single car accident rendering it a total loss. After paying its insured/owner for the property loss, State Auto brought this subrogation claim against the mother of ...
771 N.W.2d 360 (2009) | Cited 6 times
... ARGUED APRIL 29, 2009 [¶1.] The circuit court admitted into evidence certain statements to which Anthony Johnson objected. Johnson was subsequently found guilty of distribution of one ounce or less of marijuana and possession of two ounces or less of marijuana. He appeals. We affirm in part, ...
610 N.W.2d 787 (2000) | Cited 6 times
... Appeal from the Fourth Judicial Circuit, Lake County, SD Hon. Boyd L. McMurchie, Judge Affirmed Argued Mar 20, 2000; Opinion Filed May 17, 2000 [¶1] This case arose from a personal injury accident at the Lake County Speedway, when a race car's wheel detached, struck and injured Vernon Holzer 1 ...
2004 S.D. 94 (2004) | Cited 6 times
... Argued on March 22, 2004 ¶1. Touray Akuba and Kaisha Paul were stopped by a highway patrol officer for speeding. Akuba allegedly consented to a search of the vehicle. During the search, the officer found 177 pounds of marijuana in the trunk. Akuba and Paul moved to suppress, alleging that they ...
766 N.W.2d 491 (2009) | Cited 6 times
... CONSIDERED ON BRIEFS ON JANUARY 12, 2009 [¶1.] Norvil Dykstra, Twila Dykstra, Marvin Dykstra, and Julie Dykstra (Dykstras) sued Page Holding Company 1 and Farmers and Merchants State Bank (Defendants) for breach of a fiduciary obligation and intentional interference with a business relationship ...
393 N.W.2d 269 (1986) | Cited 6 times
... SABERS, Justice. Appeal from trial court's finding of conversion, award of damages and prejudgment interest. We affirm in part and reverse in part and remand. Statement of Facts On October 28, 1982, appellee William M. Rensch (Rensch), left two diamond rings to be cleaned with appellant Riddle's ...
752 N.W.2d 658 (2008) | Cited 6 times
... ARGUED ON OCTOBER 1, 2007 [¶1.] Seventy-two former students of St. Paul's School brought suit against four entities claiming that they were responsible for mental, physical and/or sexual abuse during the years 1947-1954 and 1958-1973. The circuit court granted summary judgment in favor of all ...
597 N.W.2d 670 (1999) | Cited 6 times
... Even v. City of Parker, 1999 SD 72 SOUTH DAKOTA SUPREME COURT Even v. City of Parker, 1999 SD 72 HTML Code © State Bar of South Dakota, 1999 Affirmed Argued Mar 22, 1999; Opinion Filed Jun 16, 1999 [¶1] Donald Even (even) brought a verified petition alleging illegality of a decision by the ...
738 N.W.2d 40 (2007) | Cited 6 times
... ARGUED FEBRUARY 14, 2007 [¶1.] On September 22, 2004, Chad Anderson (Anderson) filed suit in the South Dakota Second Judicial Circuit against First Century Federal Credit Union (hereinafter referred to as either "First Century" or the "credit union") in connection with cessation of his employment. ...
2004 S.D. 9 (2004) | Cited 6 times
... Considered on Briefs on January 13, 2003 Reassigned 4/29/2003 ¶1. John Ball was convicted on two counts of first degree rape. On appeal, he asserts that the trial court erred in: (1) denying his request for a mistrial for a discovery violation; (2) denying him access to Department of Social ...
561 N.W.2d 1 (1997) | Cited 6 times
... GILBERTSON, Justice INTRODUCTION This case involves both legal and equitable claims asserted by Jo Landstrom [hereinafter Landstrom], a minority shareholder, 1 in Black Hills Jewelry Manufacturing Company [hereinafter BHJMC]. Her suit is against the remaining shareholders in BHJMC, Milt Shaver ...
2002 S.D. 97 (2002) | Cited 6 times
... Considered on Briefs May 28, 2002 [¶1] Jim Schwaiger (Schwaiger), a radiologist, sued Mitchell Radiology Associates, P.C. (MRA), for misrepresentations that allegedly occurred while MRA was recruiting Schwaiger as an employee. The trial judge granted MRA's motion for summary judgment. Schwaiger ...
724 N.W.2d 610 (2006) | Cited 6 times
... ARGUED ON OCTOBER 4, 2006 [¶1.] A jury found Derrick E. Carothers (Carothers) guilty of Sexual Contact with a Child Under Sixteen and Criminal Pedophilia. Carothers was subsequently found to be an habitual offender and was sentenced to life in prison. He appeals and raises numerous issues. We ...
598 N.W.2d 550 (1999) | Cited 6 times
... Zoss v. Schaeffers South Dakota Supreme Court Appeal from the Fourth Judicial Circuit, Sanborn County, SD Hon. Ronald K. Miller, Judge Affirmed Considered on Briefs Apr 26, 1999; Opinion Filed Aug 4, 1999 [¶1] Doug Schaefers appeals the denial of his motion for summary judgment in a livestock ...