ZINTER , Justice [ 1.] Dallas Schott, the 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. We reverse and remand because there are disputed issues of fact...
GILBERTSON , Chief Justice [ 1.] Cimeron Grant Erickson, who holds a commercial driver's license, pleaded guilty to operating a vehicle while his blood alcohol content was 0.08 percent or more. The South Dakota Department of Public Safety subsequently disqualified him from operating commercial motor vehicles for one year. Erickson appealed the Department's decision to the circuit court, which reversed the Department's decision without remanding. The Department appeals. We reverse the...
SEVERSON , Justice . [ 1.] Joseph Patterson appeals from a final judgment of conviction for second-degree murder. Patterson claims the circuit court erred in: (1) allowing the State to present other acts evidence to the jury; (2) permitting the State to argue a factual theory of guilt and motive not supported by the record; (3) allowing the State to present expert testimony which was impermissibly intrusive; (4) refusing to allow Patterson to present additional instances of alleged child...
SEVERSON , Justice . [ 1.] South Dakota has no state income tax and relies on retail sales and use taxes for much of its revenue. Pursuant to state statute, sales tax is generally collected by sellers selling merchandise in this state at the point of sale and is remitted to the state by those sellers. SDCL 10-45-27.3. 1 Decisions from the United States Supreme Court interpreting the Commerce Clause of the United States Constitution prohibit the State of South Dakota from imposing this...
WILBUR , Retired Justice . [ 1.] A jury found defendant guilty of eight offenses. Defendant appeals the circuit court's admission of res gestae evidence, claiming the evidence violated his Sixth Amendment right of confrontation. Defendant also challenges the sufficiency of the evidence for three offenses. We affirm. Background [ 2.] Officer Chase Vanderhule received a call from dispatch at approximately 8:15 p.m. on May 15, 2015, to respond to a report of an aggravated assault with a...
GILBERTSON , Chief Justice . [ 1.] Mervin D. Nicolay sued David D. Stukel and K & K Management Services, Inc., after Stukel's vehicle struck the rear of Nicolay's vehicle. Nicolay appeals from a jury verdict in favor of Stukel. Nicolay argues that he was entitled to summary judgment and that there was insufficient evidence to support the jury's verdict. He also argues the circuit court improperly admitted hearsay evidence. Stukel also appeals the circuit court's decision requiring him to...
ZINTER , Justice . [ 1.] SDCL 55-4-57(a) limits the time to commence a judicial proceeding contesting "whether a revocable trust or any amendment thereto, or an irrevocable trust was validly created." Settlor amended her revocable trust to expressly disinherit her son. Following settlor's death, her son commenced this action to invalidate the amendments on the grounds that settlor lacked capacity and was unduly influenced. Son also requested an accounting and made a claim for breach of...
KERN , Justice . [ 1.] Lynette Johnson, individually and on behalf of the Estate of Ronald E. Johnson (collectively Johnson), appeals from an order granting summary judgment. Ronald E. Johnson (Ronald) was a South Dakota State Penitentiary correctional officer murdered by two inmates during an escape attempt. Johnson sued the Department of Corrections (DOC) and a number of its employees in state court. Count 3 of Johnson's complaint alleged a constitutional claim, pursuant to 42 U.S.C....
WILBUR , Retired Justice . [ 1.] The purchasers of a home brought suit against the sellers for fraud and failure to disclose defects. The circuit court dismissed the purchasers' claims on summary judgment. The purchasers appeal. We reverse and remand. Background [ 2.] In February 2013, Dwight Oxton executed a purchase agreement for a home located at 1017 Gladys Street in Rapid City, South Dakota owned by Eugene and Cathy Rudland. The Rudlands had purchased it for $165,000 from Todd and...
GILBERTSON , Chief Justice . [ 1.] Janno Kollay Talla appeals his sentence of life imprisonment for one count of first-degree manslaughter. Talla argues that in light of other sentences imposed for manslaughter in Minnehaha County, as well as his alleged lack of criminal history, the circuit court abused its discretion. We affirm. Facts and Procedural History [ 2.] Talla was born in Barentu, Eritrea, in 1984 and immigrated to the United States as a refugee sometime around 2012. After...
SEVERSON , Justice . [ 1.] Todd Linson appeals his conviction on five counts of possessing child pornography. He asserts that there was insufficient evidence to prove that he knowingly possessed child pornography. He also asserts that the statute defining possession of child pornography is unconstitutionally vague and that he was convicted multiple times for a single act or course of conduct, in violation of his right to be free from double jeopardy. We affirm. Background [ 2.] On the...
WILBUR , Justice . [ 1.] On behalf of the estate of her brother, one sister brought suit against the owners of the group home where her brother resided, alleging that the company failed to provide adequate care, caused his wrongful death, and violated her brother's next of kin's right to decide what to do with their brother's body following his death. Prior to trial, the circuit court dismissed the third claim on summary judgment. After trial, the jury found the company negligent but...
ZINTER , Justice . [ 1.] Todd Larson appeals from a judgment entered in favor of Legendary Loan Link, Inc. (Legendary Loan). Larson argues that the judge rendering the judgment lacked jurisdiction to act. Larson contends there was no jurisdiction because the presiding judge of the circuit failed to enter a formal order of assignment after Larson filed an affidavit for a change of judge. Because Larson was not entitled to file an affidavit for change of judge, we affirm. Facts and...
SEVERSON , Justice . [ 1.] Amber Mauricio and Shelli Grinager filed a complaint seeking declaratory and injunctive relief. They asked the circuit court to declare that an educational consortium, the Smarter Balanced Assessment Consortium, to which the State is a member, is in violation of the United States Constitution and thus illegal and void. They sought a permanent injunction to prevent the State from disbursing funds to SBAC. Plaintiffs also alleged in their complaint that the State...
GILBERTSON , Chief Justice . [ 1.] Twin brothers Ryan Alan Krause and Brian Michael Krause appeal the circuit court's imposition of four consecutive, two-year sentences on each brother for multiple convictions of unlawfully using a computer system. The Krauses first argue their sentences violate the Eighth Amendment's prohibition against cruel and unusual punishment. They also argue the circuit court erred by deviating from presumptive sentences of probation for these offenses and in...
WILBUR , Justice . [ 1.] In this appeal from the settlement of an estate, one beneficiary challenges the award of expenses, disbursements, and attorney's fees to the personal representative. We affirm. Background [ 2.] Coral Headrick served as Fred Finch's attorney-in-fact from 2009 until Finch's death in November 2012. Headrick had been a close friend and neighbor to Finch and his now-deceased wife Reva. Finch had no children. He died when he was 91 years old. Finch's Last Will and...
SEVERSON , Justice . [ 1.] Following a court trial, the circuit court found Matthew Hopkins guilty of driving with .08 percent blood alcohol content. Hopkins also pleaded guilty to a part II information alleging that this was his second driving under the influence offense. On appeal, Hopkins asserts that the circuit court erred when it denied a motion to suppress evidence. We affirm. Background [ 2.] On the evening of September 25, 2015, Officer Wagner was completing paperwork at the...
GILBERTSON , Chief Justice . [ 1.] Steven Alexander Stanage appeals from a final judgment of conviction for driving under the influence. Stanage argues the circuit court erred in denying his motion to suppress evidence obtained during a traffic stop and subsequent blood draw. According to Stanage, the arresting officer lacked a reasonable basis to conclude Stanage had committed a crime. We reverse. Facts and Procedural History [ 2.] Shortly before 2 a.m. on October 26, 2014, in...
WILBUR , Justice . [ 1.] In this breach of contract action, the circuit court found a lease agreement ambiguous and considered parol evidence. The court concluded that the parties intended the lease agreement to be a lease with an option to purchase. The court ordered specific performance, compelling the owners of the real estate to execute a warranty deed in favor of the lessees. The owners appeal. We affirm in part, reverse in part, and remand. Background [ 2.] In 2003, Thomas and...
GILBERTSON , Chief Justice . [ 1.] Keith Mendenhall appeals a jury verdict awarding $211,710 to Lisa Swanson, his former wife, in compensatory and punitive damages for intentional infliction of emotional distress and alienation of affection. Keith argues the circuit court erred by admitting 14 exhibits consisting of court documents from prior proceedings. We reverse and remand. Facts and Procedural History [ 2.] Lisa married her first husband, Steve Swanson, in 1992. Lisa and Steve had...
