Category: South Dakota Supreme Court Opinions

771 N.W.2d 920 Mitchell James MONETTE, Petitioner and Appellant, v. Douglas WEBER, Warden of the South Dakota State Penitentiary, Respondent and Appellee. No. 25050.Supreme Court of South Dakota.Considered on Briefs on May 26, 2009. Opinion Filed August 19, 2009. Appeal from the Circuit Court of the Third Judicial Circuit Lake County, South Dakota, Honorable Vincent […]

581 N.W.2d 483 The PEOPLE of the State of South Dakota, In the Interest of Y.C., Minor Child, and concerning L.S. and V.C. No. 20303.Supreme Court of South Dakota.Argued June 3, 1998. Decided July 8, 1998. Appeal from the Circuit Court, First Judicial Circuit, Lincoln County, Richard Bogue, J. Page 484 Scott A. Abdallah, Lincoln […]

159 N.W.2d 122 WATERTOWN INDEPENDENT SCHOOL DISTRICT NO. 1 et al., Respondents v. CODINGTON COUNTY BOARD OF EDUCATION et al., Appellants File No. 10488.Supreme Court of South Dakota. Opinion filed May 15, 1968 Page 310 Appeal from Circuit Court, Codington County; Hon. Harold O. Lund, Judge. Gribbin Burns and Thomas G. Ries, Watertown, Ralph Arneson, […]

WILLIAMS INSURANCE OF PIERRE, South Dakota, Plaintiff and Appellee, v. BEAR BUTTE FARMS PARTNERSHIP; and Wallace A. Edland, individually and d/b/a Bear Butte Farms Partnership; and Paul Chabor, individually and d/b/a Bear Butte Farms Partnership, Defendants and Appellants. No. 14958.Supreme Court of South Dakota.Considered on Briefs January 16, 1986. Decided August 27, 1986. Appeal from […]

40 N.W.2d 324 MILLER et al., Respondents, v. CHICAGO, R.I. P. Co., Appellant File No. 9045.Supreme Court of South Dakota. Opinion filed December 15, 1949. Rehearing denied January 26, 1950. Page 181 Appeal from Circuit Court, Minnehaha County; Hon. John T. Medin, Judge. Appeal by defendant from adverse judgment for damages resulting from a collision. […]

608 N.W.2d 322 ROGER H. KREBS, Petitioner and Appellant, v. DOUGLAS WEBER, Warden, South Dakota State Penitentiary, Appellee. Nos. 20961, 20962.Supreme Court of South Dakota.Considered on Briefs November 29, 1999. Opinion Filed March 29, 2000. Appeal from the Third Judicial Circuit, Beadle County, SD Hon. Robert L. Timm, Judge, Affirmed in part; Reversed in part. […]

768 N.W.2d 534 STATE of South Dakota, Plaintiff and Appellee, v. James Michael IVERSEN, Defendant and Appellant. No. 24960.Supreme Court of South Dakota.Considered on Briefs March 23, 2009. Decided June 24, 2009. Appeal from the Circuit Court, Third Judicial Circuit, Lake County, Tim D. Tucker, J. Page 535 Lawrence E. Long, Attorney General, Sherri Sundem […]

704 N.W.2d 896 TOWN SQUARE LIMITED PARTNERSHIP, a South Dakota Limited Partnership, Plaintiff and Appellant, v. CLAY COUNTY BOARD OF EQUALIZATION, Defendant and Appellee. 505 W. Main Limited Partnership, Plaintiff and Appellant, v. Clay County Board of Equalization, Defendant and Appellee. Nos. 23125, 23126.Supreme Court of South Dakota.Considered on Briefs on October 4, 2004. Decided […]

52 N.W.2d 96 ANDAL et al., Respondents, v. OSTHUS et al., Appellants File No. 9258.Supreme Court of South Dakota. Opinion filed February 26, 1952. Rehearing denied March 25, 1952. Appeal from Circuit Court of Turner County; Hon. George A. Rice, Judge. Page 295 Judgment affirmed. T.R. Johnson, Sioux Falls, for Defendants and Appellants. J.D. Coon, […]

The ASSOCIATED PRESS, Plaintiff and Appellee, v. HEART OF the BLACK HILLS STATIONS, INCORPORATED, Eli Daniels and Harry Daniels, Defendants and Appellants. No. 13221.Supreme Court of South Dakota.Argued April 23, 1981. Decided October 6, 1982. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Roland E. Grosshans, J. Ann C. Jones of Banks Johnson, […]

Irene R. WOOSTER, Petitioner and Appellee, v. Grant R. WOOSTER, Respondent and Appellant. No. 15282.Supreme Court of South Dakota.Considered on Briefs October 24, 1986. Decided January 7, 1987. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Merton B. Tice, Jr., J. Page 331 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

STATE of South Dakota, Plaintiff and Appellee, v. Bernie PETTIS, Defendant and Appellant. No. 13913.Supreme Court of South Dakota.Considered on Briefs March 24, 1983. Decided May 4, 1983. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Roland E. Grosshans, J. Page 718 Douglas E. Kludt, Asst. Atty. Gen., Pierre, for plaintiff and appellee. […]

STATE v. MOLINARY. No. 23605.Supreme Court of South Dakota. January 17, 2006. Affirmed (JRE).

Robin PARSONS, Plaintiff and Appellant, v. Michael DACY, Diane Dacy, Scott M. Anshutz, Julie A. Anshutz, and Dacshutz, Inc., d/b/a Mr. “G’S”, and Ionia Klein, Defendants and Appellees. Michael DACY, Diane Dacy, Scott M. Anshutz, Julie A. Anshutz, and Dacshutz, Inc., d/b/a Mr. “G’S”, Third-Party Plaintiffs and Appellees, v. SOUTH DAKOTA LOTTERY, Third-Party Defendant and […]

753 N.W.2d 398 STATE of South Dakota, Plaintiff and Appellant, v. John Scott LEIGH, Defendant and Appellee. No. 24560.Supreme Court of South Dakota.Considered on Briefs on March 26, 2008. Decided June 25, 2008. Appeal from the Circuit Court, Third Judicial Circuit, Jerauld County, Jon R. Erickson, J. Page 399 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

Ronald MAYROSE, Plaintiff and Appellee, v. Gary FENDRICH, Defendant and Appellant. Nos. 14360, 14381.Supreme Court of South Dakota.Considered on Briefs March 20, 1984. Decided April 25, 1984. Appeal from the Circuit Court of the Fourth Judicial Circuit, McCook County, Marshall M. Gerken, J. Michael Unke, Salem, for plaintiff and appellee. Charles Rick Johnson of Johnson, […]

152 N.W.2d 550 BUILDERS SPECIALTIES COMPANY, Appellant v. SWANSON et ux, Respondents File No. 10254.Supreme Court of South Dakota. Opinion filed September 6, 1967 1. Appeal and Error. The right of appeal is statutory. SDC 33.0710. 2. Appeal and Error. Sufficiency of evidence cannot be reviewed without compliance with statute requiring that sufficiency of evidence […]

579 N.W.2d 1 Blake GILKYSON, Plaintiff and Appellee, v. WHEELCHAIR EXPRESS, INC., Defendant and Appellant. No. 20102.Supreme Court of South Dakota.Argued March 25, 1998. Decided May 13, 1998. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Peter H. Lieberman, J. Page 2 Rick Johnson of Johnson, Eklund, Nicholson, Peterson Fox, Gregory, for plaintiff […]

Paul A. BRAUNGER, Plaintiff and Appellant, v. Jack SNOW and June Snow, Defendants and Appellees. Nos. 15339, 15341.Supreme Court of South Dakota.Argued January 14, 1987. Decided May 13, 1987. Appeal from the Third Judicial Circuit Court, Codington County, Thomas G. Ries, J. Page 644 Rory M. Barth, Sioux Falls, for plaintiff and appellant. Roger W. […]

State v. Donaldson. No. 25309.Supreme Court of South Dakota. March 29, 2010. Abstracts of Summary Dispositions Affirmed (Bjorkman)

Pamela SCHULDT, Plaintiff and Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, Defendant and Respondent. No. 12141.Supreme Court of South Dakota. November 30, 1978. Appeal from the Circuit Court, Minnehaha County, Wayne W. Christensen, J. Page 95 Gale E. Fisher of May, Johnson Burke, Sioux Falls, for plaintiff and appellant. Timothy J. Nimick […]

98 N.W.2d 669 HOEKSTRA, Appellant v. HELGELAND, Respondent File Nos. 9704, 9710.Supreme Court of South Dakota. Opinion filed October 13, 1959 Rehearing denied November 18, 1959 Page 83 Appeal from Circuit Court, Lincoln County; Hon. George A. Rice, Judge. Plaintiff’s action as surviving wife against administrator of estate for loss of consortium of husband resulting […]

189 N.W.2d 460 IN RE ESTATE OF SHABLEY File No. 10795.Supreme Court of South Dakota. Opinion filed September 7, 1971 Rehearing denied October 19, 1971 1. Wills. Burden of proving undue influence is on the will contestant. 2. Wills. Findings of circuit court that testator, who died in 1968 at age of 90 years, was […]

In the Matter of the DISCIPLINE OF Harlan A. SCHMIDT, as an Attorney at Law No. 17525.Supreme Court of South Dakota.Argued February 10, 1992. Decided October 28, 1992. R. James Zieser, Tyndall, for Complainant Disciplinary Bd. Arlo D. Sommervold, Sioux Falls, for respondent Schmidt. HENDERSON, Justice. Respondent, Harlan A. Schmidt (Schmidt), was admitted to practice […]

574 N.W.2d 208 Delores KROUPA, Plaintiff, v. Marvin KROUPA, Defendant and Appellant, and Greg Kroupa and Diane Kroupa, Defendants and Appellees, and Edwin Kroupa, Robert Kroupa, Marie Kroupa, and Cheryl M. Younkin, Defendants. No. 19888.Supreme Court of South Dakota.Argued October 21, 1997. Decided January 14, 1998. Appeal from the Circuit Court, Fourth Judicial Circuit, Brule […]

233 N.W.2d 586 STATE, Respondent v. KEELING, Appellant File No. 11467.Supreme Court of South Dakota. Opinion filed October 3, 1975 Page 437 Appeal from the Circuit Court of Davison County; Hon. Thomas L. Anderst, Judge. Page 438 Earl Mettler, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Kermit A. Sande, Atty. Gen., E. Steeves Smith, […]

20 N.W.2d 683 STATE, Appellant, v. BLACK HILLS TRANSPORTATION CO., Respondent File No, 8758.Supreme Court of South Dakota.Opinion filed November 20, 1945 Rehearing Denied January 18, 1946. 1. Constitutional Law. A statute is presumed to be valid and will not be held unconstitutional unless its infringement of constitutional restrictions is so plain to admit of […]

632 N.W.2d 849 CITY OF SIOUX FALLS, a municipality chartered under the Constitution of the State of South Dakota, Plaintiff and Appellant, v. DOUGLAS L. JOHNSON and SHERRY D. JOHNSON, Defendants and Appellees. No. 21548Supreme Court of South Dakota.Considered January 10, 2001. Opinion Filed August 15, 2001. Page 850 Appeal From the Circuit Court of […]

Sarah D. AASLAND and Delton W. Aasland, Plaintiffs and Appellants, v. The COUNTY OF YANKTON, a public corporation of the State of South Dakota, its agents, servants and employees, Defendants and Respondents. No. 12569.Supreme Court of South Dakota.Argued May 11, 1979. Decided June 28, 1979. Appeal from the Circuit Court, First Judicial Circuit, Yankton County, […]

Leslie MOELLER, Petitioner and Appellant, v. Herman SOLEM, Respondent and Appellee. 15204.Supreme Court of South Dakota.Considered on Briefs May 21, 1986. Decided October 29, 1986. Appeal from the Circuit Court, Sixth Judicial Circuit, Jackson County, Donald L. Heck, J. Richard Braithwaite, Sioux Falls, for petitioner and appellant. Robert B. Vrooman, Asst. Atty. Gen., for respondent […]

205 N.W.2d 516 STATE, Respondent v. DAVIES, Appellant File No. 11119.Supreme Court of South Dakota. Opinion filed March 21, 1973 Appeal from Circuit Court of Davison County; Hon. Thomas L. Anderst, Judge. Morgan Fuller, Mitchell, for defendant and appellant. Thomas R. Vickerman, Asst. Atty. Gen., Gordon Mydland, Atty. Gen., Pierre, Dennis R. Padrnos, State’s Atty., […]

635 N.W.2d 578 STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. CHRISTOPHER CLEGG Defendant and Appellant. No. 21751Supreme Court of South Dakota.Considered On Briefs On August 28, 2001. Opinion Filed October 24, 2001. Appeal From The Circuit Court Of The Seventh Judicial Circuit Pennington County, South Dakota. Honorable Jeff W. Davis Judge. Page 579 MARK […]

STATE of South Dakota, Plaintiff and Appellee, v. Terrance J. SCHAFER, Defendant and Appellant. No. 13011.Supreme Court of South Dakota.Argued September 8, 1980. Decided October 15, 1980. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, William H. Heuermann, J. Page 474 Lori S. Wilbur, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark […]

In re Estate of Quinn. No. 24513.Supreme Court of South Dakota. October 9, 2007. Abstracts of Summary dispositions Affirmed (DRG).

640 N.W.2d 503 BISON TOWNSHIP, LINCOLN TOWNSHIP, LONE TREE TOWNSHIP, SCOTCH CAP TOWNSHIP, RAINBOW TOWNSHIP, WILSON TOWNSHIP, VICKERS TOWNSHIP, and STROOL TOWNSHIP, Petitioners and Appellants, v. PERKINS COUNTY, SOUTH DAKOTA, Appellees. Nos. 22036, 22037, 22038Supreme Court of South Dakota.Argued January 8, 2002. Opinion Filed February 13, 2002. Appeal From The Circuit Court Of The Fourth […]

759 N.W.2d 275 STATE of South Dakota, Plaintiff and Appellee, v. Brian K. WRIGHT, Defendant and Appellant. No. 24788.Supreme Court of South Dakota.Considered on Briefs September 29, 2008. Decided December 10, 2008. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, A.P. Fuller, J. Lawrence E. Long Attorney General, Frank Geaghan, Assistant Attorney General, […]

Lee S. WIKLE, Plaintiff and Appellant, v. CITY OF RAPID CITY, Defendant and Appellee. No. 14199.Supreme Court of South Dakota.Considered on Briefs December 2, 1983. Decided April 25, 1984. Appeal from the Circuit Court, Seventh Judicial Circuit, Pennington County, Roland E. Grosshans, J. Lee S. Wikle, pro se. No appearance for defendant and appellee. PER […]

AETNA LIFE INSURANCE COMPANY, a corporation, Plaintiff and Appellee, v. R.J. McELVAIN, Jr. and Wilma M. McElvain, a/k/a Wilma McElvain, husband and wife, and Roland L. McElvain and Janie McElvain, husband and wife, Defendants, and Ronald D. Shepherd and Ramona Shepherd, husband and wife, and Ralph L. Shepherd and Virginia V. Shepherd, husband and wife, […]

551 N.W.2d 577 John HURNEY, Petitioner and Appellant, v. Joseph P. CLASS, Warden of the South Dakota Penitentiary, Appellee. No. 19374.Supreme Court of South Dakota.Considered on Briefs May 24, 1996. Decided July 2, 1996. Appeal from the Circuit Court, Second Judicial District, Minnehaha County, William J. Srstka, Jr., J. Page 578 [EDITORS’ NOTE: THIS PAGE […]

State v. Miller. No. 24214.Supreme Court of South Dakota. March 27, 2007. Abstracts of Summary Dispositions. Affirmed/Remanded (RLT).

Ball v. Breth. No. 25840.Supreme Court of South Dakota. August 29, 2011. Abstracts of Summary Dispositions Affirmed (JAE).

Michael J. O’CONNOR and Barbara M. O’Connor, Plaintiffs and Appellants, v. Vernell E. KING and Dianne K. King, Defendants and Appellees. Nos. 17381, 17395.Supreme Court of South Dakota.Considered on Briefs September 11, 1991. Decided December 31, 1991. Rehearing Denied February 4, 1992. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, E.W. Hertz, J. […]

13 N.W.2d 421 In Re PARKER’S ESTATE ARK OF REFUGE REST HOME CORP., Appellant v. PARKER, Respondent File No. 8607.Supreme Court of South Dakota.Opinion filed February 23, 1944. Rehearing Denied April 3, 1944. Executors and Administrators. Where final discharge of surviving executrix was set aside without notice and order to show cause why there should […]

MERCHANTS STATE BANK, Plaintiff and Appellee, v. C.E. LIGHT, d/b/a Light Law Office, Defendant and Appellant. No. 16655.Supreme Court of South Dakota.Considered on Briefs January 11, 1990. Decided July 11, 1990. Rehearing Denied August 1, 1990. Appeal from the First Judicial Circuit Court, Yankton County, Boyd L. McMurchie, J. Robert E. Hayes of Davenport, Evans, […]

240 N.W.2d 84 STATE, Respondent v. BUCKINGHAM, Appellant File No. 11586.Supreme Court of South Dakota. Opinion filed March 25, 1976 Page 199 Appeal from the Circuit Court of Lawrence County; Hon. Clarence P. Cooper, Judge. Reversed. Harry W. Christianson, Asst. Atty. Gen., Pierre, for plaintiff and respondent. William J. Janklow, Atty. Gen., Max A. Gors, […]

29 N.W.2d 389 In the Matter of the Trust as to Certain Funds Derived from Assessments of Members of FEDERAL BENEFIT ASSOCIATION, a Corporation. FEDERAL BENEFIT ASSOCIATION, Appellant, v. HERROLD, et al, Respondents File No. 8940.Supreme Court of South Dakota. Opinion filed November 4, 1947. Appeal from Circuit Court, Davison County; Hon. R.C. Bakewell, Judge. […]

In the Matter of DAHME CONSTRUCTION COMPANY, INC., Plaintiff and Appellant, v. WEB WATER DEVELOPMENT ASSOCIATION, INC., Defendant and Appellee. No. 16155.Supreme Court of South Dakota.Considered on Briefs January 12, 1989. Decided April 12, 1989. Appeal from the Circuit Court, Fifth Judicial Circuit, Brown County, Eugene E. Dobberpuhl, J. Page 551 Lonald L. Gellhaus of […]

616 N.W.2d 397 THE SOUTH DAKOTA STATE CEMENT PLANT COMMISSION, d/b/a South Dakota Cement Plant, for the use and benefit of The State of South Dakota, Plaintiff and Appellee, v. WAUSAU UNDERWRITERS INSURANCE COMPANY, a member of Wausau Insurance Companies, Defendant and Appellant. No. 20789, 20815Supreme Court of South Dakota.Argued October 18, 1999. Opinion Filed […]

112 N.W.2d 244 HOVEY, Appellant v. GANTVOORT, Respondent File No. 9893.Supreme Court of South Dakota. Opinion filed December 15, 1961 Appeal from Circuit Court, Deuel County; Hon. W.W. Knight, Judge. Page 382 Judgment and order granting motion for judgment notwithstanding the verdict reversed and cause remanded with directions. Burke Barnes, Sioux Falls, for Plaintiff and […]

564 N.W.2d 320 Mark F. SCHULTZ, Pearl E. Pepka and Mary T. Carter, Plaintiffs and Appellees, v. Thomas C. DEW and Denise A. Dew, Defendants and Appellants. No. 19746.Supreme Court of South Dakota.Considered on Briefs February 20, 1997. Decided June 18, 1997. Appeal from the Third Judicial Circuit Court, Grant County, Robert L. Timm, J. […]

KISOR v. BECK. No. 22982.Supreme Court of South Dakota. February 23, 2004. Affirmed (KFT).

Marxell and Colleen RITTER, Plaintiff and Appellants, v. Darrell JOHNSON, Defendant and Appellee. No. 16982.Supreme Court of South Dakota.Considered on Briefs November 27, 1990. Decided January 23, 1991. Appeal from the Circuit Court, First Judicial Circuit, Charles Mix County, Richard Bogue, J. Page 197 Rick Johnson, Gregory, for plaintiff and appellants. Mark Smith, Asst. Atty. […]

Jennifer L. KEEGAN, Plaintiff and Appellant, v. Timothy A. GUDAHL, Defendant and Appellee. No. 18457.Supreme Court of South Dakota.Considered on Briefs February 16, 1994. Reassigned October 5, 1994. Decided December 21, 1994. Appeal from the Circuit Court of the Second Judicial Circuit, Minnehaha County, William J. Srstka, Jr., J. Sean M. O’Brien, Brookings, for plaintiff […]

621 N.W.2d 171 ARNOLD MURRAY CONSTRUCTION, L.L.C., Plaintiff and Appellee, v. EUGENE HICKS, Defendant and Appellant. No. 21418Supreme Court of South Dakota.Considered on Briefs November 27, 2000. Opinion Filed January 10, 2001. Appeal from the Second Judicial Circuit, Minnehaha County, SD Hon. William J. Srstka Jr., Judge, #21418 — Affirmed. Page 172 David Alan Palmer, […]

Lyle BERG, Plaintiff and Appellee, v. SUKUP MANUFACTURING COMPANY, A Corporation, of Sheffield, Iowa, Defendant and Appellant. No. 14194.Supreme Court of South Dakota.Considered on Briefs February 14, 1984. Decided October 3, 1984. Appeal from the Second Judicial Circuit Court, Minnehaha County, Robert C. Heege, J. Page 834 Arlo Sommervold and William Fuller of Woods, Fuller, […]

725 N.W.2d 259 In the Matter of the ESTATE OF Robert F. BARTHOLOW, Deceased. No. 24041.Supreme Court of South Dakota.Considered on Brief October 2, 2006. Decided November 29, 2006. Appeal from the Circuit Court, Sixth Judicial Circuit, Lyman County, Max A. Gors, J. Robert R. Schaub and Herb C. Sundall of Larson, Sundall, Larson, Schaub […]

Judith J. LIEN, Plaintiff and Appellee, v. Wendy J. BEARD, Defendant and Appellant. No. 17468.Supreme Court of South Dakota.Considered on Briefs October 24, 1991. Decided December 24, 1991. Appeal from the Circuit Court, Eighth Judicial Circuit, Lawrence County, Timothy R. Johns, J. Jerome A. Eckrich of Schmidt Eckrich, Spearfish, for plaintiff and appellee. Leroy Hill […]

74 N.W.2d 316 TENNYSON, Appellant v. KERN, Respondent File No. 9515.Supreme Court of South Dakota. Opinion filed January 10, 1955. Page 137 Appeal from Circuit Court, Jackson County, Hon. Martin L. Parish, Judge. Action by infant for injuries suffered when automobile in which infant was riding and which was owned and allegedly negligently operated by […]

KOHLMAN, BIERSCHBACH ANDERSON, a Partnership, Plaintiff and Appellee, v. Roy VEIT, Administrator, Alvin Veit and Greg Veit, Individually and doing business as Veit Sons, Defendants, Alvin Veit, Defendant and Appellant. No. 15300.Supreme Court of South Dakota. July 8, 1987. Rehearing Denied August 12, 1987. Appeal from the Eighth Judicial Circuit Court, Ziebach County, Robert L. […]

RAPID CITY JOURNAL COMPANY, a corporation, Petitioner, v. The CIRCUIT COURT OF the EIGHTH JUDICIAL CIRCUIT WITHIN AND FOR LAWRENCE COUNTY, South Dakota and the Honorable R.E. Brandenburg, Judge of Said Court, Respondents. No. 12960.Supreme Court of South Dakota. December 19, 1979. George A. Bangs of Bangs, McCullen, Butler, Foye Simmons, Rapid City, for petitioner. […]

664 N.W.2d 48 ROBERT O. SJOLAND and VONDA SJOLAND, Plaintiffs and Appellees, v. MELVIN E. CARTER, Defendant, and RON BORDEN AND JIM CASSIDY, Defendants and Appellants. No. 22582Supreme Court of South Dakota.Considered On Briefs On April 28, 2003. Opinion Filed June 4, 2003. Page 49 Appeal From The Circuit Court Of The Seventh Judicial Circuit […]

125 N.W.2d 58 STATE, Respondent v. REDDINGTON, Appellant File No. 10038.Supreme Court of South Dakota. Opinion filed December 2, 1963 Rehearing denied March 2, 1964 1. Homicide. No burden of proof whatsoever is upon defendant where circumstances proven by state reasonably tend to show that killing may have occurred in self-defense. SDC 1960 Supp. 34.3642. […]

IN RE LP. No. 24653.Supreme Court of South Dakota. September 18, 2008. Abstracts of Summary Dispositions Affirmed (WJS).

232 N.W.2d 842 ARBACH, Appellant v. GRUBA, et ma., Respondents File No. 11422.Supreme Court of South Dakota. Opinion filed September 5, 1975 Petition for rehearing denied October 9, 1975 Page 323 Appeal from the Circuit Court of Roberts County; Hon. Philo Hall, Judge. Page 324 William J. Holland of Holland Brantseg, Sisseton, S.D., for plaintiff […]

558 N.W.2d 862 STATE of South Dakota, Plaintiff and Appellee, v. Gale A. VANDERGRIFT, Defendant and Appellant. No. 19403.Supreme Court of South Dakota.Considered on Briefs May 24, 1996. Decided January 22, 1997. Appeal from the Third Judicial Circuit Court, Brookings County, Rodney J. Steele, J. Mark Barnett, Attorney General, Jeffrey P. Hallem, Assistant Attorney General, […]

710 N.W.2d 169 STATE of South Dakota, Plaintiff and Appellee, v. Gerald BORDEAUX, Defendant and Appellant. No. 23766.Supreme Court of South Dakota.Considered on Briefs January 9, 2006. Decided February 1, 2006. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Joseph Neiles, J. Page 170 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

STATE of South Dakota, Appellant, v. Russell D. MacDONALD, Respondent. No. 12087.Supreme Court of South Dakota. December 30, 1977. Appeal from the Circuit Court, Second Judicial Circuit, Minnehaha County, Wayne W. Christensen, J. Judith A. Atkinson, Asst. Atty. Gen., Pierre, for appellant; William J. Janklow, Atty. Gen., Pierre, on the brief. Arlie J. Brende and […]