WILBUR, Justice. [ 1.] Arley Roach was convicted by a jury of second-degree rape. Roach appeals a number of issues involving hearsay and the denial of a requested jury instruction, a Batson challenge, and an objection regarding the State's use of the word "rape" during trial. We affirm. FACTS AND PROCEDURAL BACKGROUND [ 2.] Roach and H.S. were involved in an intimate, three-year relationship characterized by several break-ups. The couple frequently reunited through consensual sexual...
ZINTER, Justice. [ 1.] Columbia Insurance Group (Columbia) insured Ila and Gary Fedderson's business, Whiskey Flow Dining and Minor Alley (Whiskey Flow). After Whiskey Flow was destroyed by fire, Ila and Gary submitted a sworn proof of loss statement. Gary was later convicted of conspiracy to commit arson and insurance fraud in connection with the fire. Because Gary made misrepresentations and committed fraud in submitting the proof of loss statement, Columbia declined to pay Ila benefits....
SEVERSON, Justice. [ 1.] On the morning of January 26, 2011, Casey Morgan was caring for K.N., the daughter of his fianc e, Mary Lindley, and D.M., the son of Morgan and Lindley. K.N. and D.M. were arguing over a book that K.N. was assigned to read as homework. Morgan heard the children arguing and grabbed K.N., forcefully squeezed and held her face, and yelled at her. Then Morgan took K.N. to school. At school, K.N. was crying and explained to her teacher why she was upset. Later in the...
GILBERTSON, Chief Justice. [ 1.] Richard Ishol appeals a protection order restricting his contact with his former wife and her daughter for a period of one year. We reverse. Facts [ 2.] Dora Castano came to Brookings, South Dakota in April 2010 and she and Ishol were married that June. Castano received her visa in April or May of 2011 but her relationship with Ishol began to deteriorate when she did not take a job that he had arranged for her. Ishol had a final interview with the...
GILBERTSON, Chief Justice [ 1.] While driving a car owned by her divorced parents, Megan Wheeler was hit and severely injured by an uninsured drunk driver. Both her mother and her father had automobile insurance policies. Megan's father's policy with Progressive Insurance Company (Progressive) specifically covered Megan's car and paid Megan $100,000 in uninsured motorist benefits. However, this amount did not fully compensate Megan for her injuries. Thus, Megan filed a claim under her...
SEVERSON, Justice. [ 1.] Erwin "Don" Knapp was injured on a job site while working in North Dakota for the North Dakota office of Hamm & Phillips Service Company. Knapp filed for and received benefits through North Dakota's workers' compensation agency, but after about nine months of benefits, he received a benefit denial notification from the agency. Knapp then filed a claim for workers' compensation benefits in South Dakota. While awaiting adjudication of that claim, Knapp died of causes...
GILBERTSON, Chief Justice. [ 1.] On November 17, 2011, Danielle Huffaker and Jeffrey Huffaker were granted a divorce on grounds of irreconcilable differences. The trial court awarded Danielle primary physical custody of the parties' three minor children and ordered Jeffrey to pay Danielle $1,310 per month as child support. The trial court also distributed the marital property and ordered the parties to pay their own attorney fees. Danielle appeals, arguing the trial court abused its...
WILBUR, Justice. [ 1.] Walter Henderson (Walter) brought a quiet title action to claim ownership of an undivided 30 percent interest in a mineral estate in Fall River County, South Dakota. Following a court trial, which confirmed Walter's ownership of the mineral interest in fee, Walter's half-sister, Susan Henderson (Susan), individually and as a representative of her deceased mother, Dora Henderson's (Dora) estate, appeals to this Court arguing that Walter's cause of action is barred by the...
ZINTER, Justice. [ 1.] Dawn Hannemann was convicted of arson in connection with a fire in her apartment. She appeals arguing that the circuit court abused its discretion: (1) in denying her motions for judgment of acquittal and new trial based on a claim of ineffective assistance of trial counsel; and (2), by excluding an out-of-court statement made by her estranged sister. We affirm. Facts and Procedural History [ 2.] On the night of October 31, 2010, Hannemann was alone in her Watertown...
WILBUR, Justice. [ 1.] Jorgensen Farms (Jorgensen) sued Country Pride Cooperative (Country Pride) alleging that Country Pride sold Jorgensen fertilizer contaminated with rye damaging its 2007 wheat crop. Country Pride settled with Jorgensen but preserved its claims against third-party defendants Agriliance, Agrium, and Dakota Gasification Co. (Dakota Gas). The trial court granted the third-party defendants' motions for summary judgment. We affirm. FACTS AND PROCEDURAL BACKGROUND [ 2.]...
KONENKAMP, Justice. [ 1.] In denying a writ of certiorari, the circuit court ruled that Rapid City regularly pursued its authority when it required a conditional use permit as a prerequisite to granting a request to alter an existing off-premises sign. We reverse. Background [ 2.] On April 4, 2011, Lamar Advertising of South Dakota, Inc., submitted applications to Rapid City Building Official Brad Solon for sign building permits, which would allow Lamar to convert six traditional...
KONENKAMP, Justice. [ 1.] In this custody dispute, the circuit court awarded joint legal custody to both parents and primary physical custody to the father, and the mother appeals. We affirm. Background [ 2.] Michelle Loffelmacher and Brent Benson had a child out of wedlock. Michelle told Brent about her pregnancy before their child's birth. On December 8, 2004, A.L. was born, and a paternity test confirmed Brent as her biological father. Brent had only limited involvement with A.L....
ZINTER, Justice. [ 1.] Bradley DeBoer sued Tara DeBoer for divorce. Tara counterclaimed for custody and support of a child she had from a prior relationship. The circuit court granted Tara custody of the child, but denied Tara's request for child support. Tara appeals. She argues that a duty of support arose under Texas presumption of paternity statutes. We agree that a duty of support arose under the Texas statutes, and we reverse. Facts and Procedural History [ 2.] Tara DeBoer, formerly...
GILBERTSON, Chief Justice. [ 1.] North Star Mutual Insurance Company (North Star) denied coverage for two unassembled wind turbines that were destroyed in a fire on Ass Kickin Ranch's property. North Star claimed a policy exclusion permitted it to deny coverage for the loss. Ass Kickin Ranch (Ranch) sued North Star, asserting North Star committed a breach of contract and acted in bad faith in denying coverage for the unassembled wind turbines. The parties filed cross-motions for summary...
SEVERSON, Justice. [ 1.] Terry and Cindy Leonhardt allege that they entered into an oral lease with Terry's father, Delbert Leonhardt, which was to extend for the lives of Delbert and his wife, Ellen Leonhardt. They claimed the oral lease contained a right of first refusal that Terry could exercise after the death of both Delbert and Ellen. Delbert later entered into a written lease with his grandson, Matthew Oswald. This written lease encompassed some of the farmland Terry and Cindy allege...
GILBERTSON, Chief Justice. [ 1.] This is an original proceeding for a writ of mandamus or prohibition commenced by the Cheyenne River Sioux Tribe (Tribe) against the Honorable Jeff W. Davis, Presiding Judge of the Seventh Judicial Circuit. 1 We dismiss the application for a writ. Facts and Procedural History [ 2.] Three unattended Native American children, ages sixteen, twelve, and three, were taken into custody from their residence by the Rapid City Police Department in the early morning...
KONENKAMP, Justice. [ 1.] A father petitioned to modify his child support obligation, requesting that his future payments be reduced to account for overpayments he made after his two eldest sons graduated from high school and reached the age of majority. Concluding that this request would result in a retroactive modification of child support in violation of SDCL 25-7-7.3, the referee denied any reduction for amounts overpaid before the petition was filed. The circuit court adopted the referee'...
WILBUR, Justice. [ 1.] In this case, we interpret a trust instrument to decide whether the death of Betty Plouf triggered the offset provision of the Plouf Family Trust (Trust), and thus, instantaneously satisfied the mortgage lien the Trust held on the home of a beneficiary. We hold that it did and affirm the decision of the trial court. FACTS AND PROCEDURAL BACKGROUND [ 2.] Although this case turns on the interpretation of a trust instrument, it has its origins in a first and second...
SEVERSON, Justice. [ 1.] Following a jury trial, Kevin Roger Jucht was convicted of malicious intimidation or harassment, first-degree burglary, disorderly conduct, and commission of a felony while armed with a firearm. Jucht appeals, raising the following issues: (1) whether the trial court abused its discretion in excluding certain evidence from trial; (2) whether there was sufficient evidence to support Jucht's conviction for malicious intimidation or harassment; (3) whether there was...
KONENKAMP, Justice. [ 1.] George J. Caruso was convicted of simple assault and sentenced to 360 days in the Meade County Jail. He sought bail pending appeal, in accord with SDCL 23A-43-16. The motion was denied. Caruso appeals. Under SDCL 15-26A-2, we granted Caruso's motion to suspend the rules and grant expedited proceedings. Background [ 2.] Caruso, a member of the Hells Angels Motorcycle Club, was convicted by a jury of simple assault. The conviction arose from an altercation between...
