WILBUR , Retired Justice . [ 1.] Beau Dean Foote Sr. was convicted of resisting arrest; he does not dispute this conviction. He was also convicted of two counts of aggravated assault against a law enforcement officer. For these convictions, he claims the evidence was insufficient because, in his view, a Taser is not a dangerous weapon and he did not attempt to use the Taser to cause serious bodily harm to either officer. We affirm. Background [ 2.] Parole Agent Mike Stolley and Stanley...
KONENKAMP , Retired Justice . [ 1.] A jury found Nathan Scott guilty of aggravated assault of his wife and his wife's sister. On appeal, he contends: (1) the circuit court erroneously admitted a police officer's opinion on the nature of his wife's wounds, (2) the evidence was insufficient, so his judgment of acquittal motions should have been granted, and (3) the court's judgment of conviction violated his rights because it included a notation that the aggravated assault of his wife...
PER CURIAM . [ 1.] William Maher brought suit against the City of Box Elder (the City), arguing it negligently operated its water system and caused his waterlines to break. The City moved for summary judgment, asserting the public duty rule precluded imposition of a duty to Maher absent proof the City assumed a special duty. The circuit court granted summary judgment. We reverse. Facts and Procedural History [ 2.] William Maher owns a mobile home park in Box Elder and receives water from...
KERN , Justice . [ 1.] Shaylan Yeager pled guilty to second-degree rape pursuant to a plea agreement. The circuit court sentenced him to forty years in the state penitentiary, with five years suspended, to run consecutive to the prison term Yeager is currently serving in Iowa for offenses involving the same victim. Yeager appeals, alleging the sentence was cruel and unusual in violation of the Eighth Amendment and an abuse of discretion. We affirm. Facts and Procedural History [ 2.] In...
GILBERTSON , Chief Justice . [ 1.] Charlotte Andersen sued for divorce from her husband, Arthur Andersen. At a scheduled bench trial, the parties informed the circuit court that all issues associated with the divorce, including property division, had been stipulated to. The parties read the stipulation into the record and the court orally bound the parties to the stipulation. Most notably, the parties agreed that the judgment and decree of divorce would be entered nunc pro tunc, or that...
GILBERTSON , Chief Justice . [ 1.] S.T.A. (father) appeals a dispositional order terminating his parental rights over R.T.A. (child), his four-year-old son. We affirm. Facts and Procedural History [ 2.] T.C. (mother) is twenty-five years old and is an enrolled member of the Cheyenne River Sioux Tribe. At the time this matter began in 2016, mother had four children by three different fathers. Mother's two older children were four-year-old twins. Mother's third child, the subject of this...
ZINTER , Justice . [ 1.] A truck driver appeals his conviction of operating an overweight truck on a bridge. The circuit court rejected his argument that the truck was not subject to the weight limit posted for the bridge, denied his request for a jury trial, and denied his motion to dismiss under the 180-day rule. We affirm. Facts and Procedural History [ 2.] The facts of this case are not in dispute. On October 1, 2016, Shane Johnsen was hauling soybeans in a grain truck owned by his...
KERN , Justice . [ 1.] Kayla Fluth sued Larry Weisser and Schoenfelder Construction, Inc., (Schoenfelder) to recover damages for flooding in her basement caused by a waterline leak on Weisser's property. Prior to trial, Schoenfelder made an offer of judgment for $7,500. Fluth accepted, Schoenfelder paid Fluth, and Fluth filed a satisfaction of judgment. Weisser then moved for summary judgment, arguing a satisfaction of judgment discharges all other joint tortfeasors from liability. The...
KERN , Justice . [ 1.] Defendant was arrested and charged in magistrate court for driving under the influence of alcohol. Defendant filed a motion to suppress evidence obtained from the stop, arguing law enforcement lacked reasonable suspicion. The magistrate court denied defendant's motion, and defendant was convicted and sentenced after a bench trial. Defendant appealed to the circuit court, which reversed the magistrate court's suppression order. The State filed an intermediate appeal,...
GILBERTSON , Chief Justice . [ 1.] Bennett County Hospital and Nursing Home (the Hospital) terminated the employment of Joyce Riggs and subsequently opposed her claim for unemployment benefits. Riggs filed a complaint alleging the Hospital's opposition to her unemployment claim was retaliation for her earlier request for permission to bring a companion dog to work. The South Dakota Department of Labor's Division of Human Rights (DHR) determined there was not probable cause to believe Riggs'...
JENSEN , Justice . [ 1.] Myron and Pat Stoebner (the Stoebners) sued Thomas Konrad seeking a declaratory judgment and rescission of a contract for the sale of land and an incorporated lease. The Stoebners appeal the circuit court's order granting Konrad's motion to compel arbitration, dismissing the temporary injunction, and staying all proceedings until the parties engage in arbitration. Because no statutory authority exists to entertain the Stoebners' appeal as a matter of right, we...
JENSEN , Justice . [ 1.] Alejandro Garrido and Tanya Hoof purchased a used vehicle from Team Auto Sales, Inc. (TAS), a used-car dealer. In this action, Garrido, Hoof, and Hoof's six-year old son, M.I., (Appellants) allege that the vehicle was sold without a muffler and that they suffered carbon monoxide poisoning from the vehicle. The circuit court determined that Appellants failed to generate a question of fact as to causation and granted TAS's motion for summary judgment on all claims. We...
SEVERSON , Justice . [ 1.] In this consolidated appeal following separate convictions and sentences for aggravated assault and escape, John Abdo asserts multiple issues for our review. He challenges the circuit court's denial of the motion to suppress filed in each case. Abdo further claims the circuit court erred when it denied him a new trial after the jury found him guilty of aggravated assault and guilty of the lesser-included offense of simple assault. Additionally, Abdo asserts the...
GILBERTSON , Chief Justice . [ 1.] Eryn Marie Winegeart appeals the circuit court's order to sell real estate she jointly owned with Weston Lee Winegeart, her former spouse. The order permits the payment of realtor fees, but Eryn asserts the parties orally agreed in mediation to sell the property without paying realtor fees. We affirm. Facts and Procedural History [ 2.] Weston and Eryn Winegeart first married in 2005, divorced, 1 then married for a second time in 2012. The parties...
ZINTER , Justice . [ 1.] Jason Wayne Dunkelberger was convicted of first-degree robbery. Much of the evidence directly implicating him was elicited from an accomplice. On appeal, Dunkelberger argues that the circuit court erred in admitting a surveillance video of him and the accomplice the day before the robbery. Dunkelberger contends that without the video, there was insufficient evidence to corroborate the accomplice's testimony. We disagree and affirm. Facts and Procedural History [...
ZINTER , Justice . [ 1.] Jonathan Wills was convicted of first-degree rape and sexual contact with a child under sixteen. He appeals, challenging the circuit court's rulings (1) permitting his impeachment with inconsistent statements he made to law enforcement in a prior, unrelated criminal investigation, and (2) precluding his expert witness from testifying about the methods used by the forensic interviewer who interviewed the child. We affirm the impeachment ruling, reverse the expert...
KERN , Justice . [ 1.] Christopher Howlett appeals from an order granting primary physical custody of his minor child to her maternal grandmother. Howlett argues the circuit court erred by analyzing the issue as a custody case between parents rather than between a parent and a third party. Further, Howlett contends the grandmother failed to rebut his presumptive right to custody. We reverse and remand. Facts and Procedural History [ 2.] Howlett (Father) and Karlyn Stellingwerf (Mother)...
JENSEN , Justice . [ 1.] This is the second appeal to this Court from a breach of contract action by Stern Oil Company, Inc. (Stern Oil) against James R. Brown (Brown). In Stern Oil Co., Inc. v. Brown ( Stern Oil I ), 2012 S.D. 56, 817 N.W.2d 395 , Brown appealed a judgment awarding Stern Oil over eight years of lost profits exceeding $900,000. This Court reversed and remanded, determining the circuit court erred in granting summary judgment in favor of Stern Oil on its breach of...
ZINTER , Justice [ 1.] Travis Phillips was convicted of aggravated assault (domestic) and simple assault (domestic). He appeals the circuit court's admission of evidence of alleged instances of prior domestic abuse. We affirm. Facts and Procedural History [ 2.] Travis Phillips and Amanda Johnson were married in 2014. Their marriage was often contentious. Phillips suspected Johnson of having affairs, which led to many accusations and arguments. [ 3.] On June 24, 2016, Johnson called...
ZINTER , Justice [ 1.] Property owners constructed a new home on property located within a historic district. Adjacent owners alleged the home violated state regulations on new construction in historic districts as well as a local ordinance governing chimneys. Adjacent owners sought a mandatory injunction requiring modification or reconstruction of the new home. Adjacent owners also sued the City of Sioux Falls, alleging negligence in issuing a building permit and failing to enforce the...
