State v. Cadotte (2026 S.D. 28): Criminal Discovery Requires “Permit to Inspect,” Not Exhibit-By-Exhibit Identification; Cumulative Hearsay Is Nonprejudicial Court: Supreme Court of South Dakota...
Conditional Use Permit Decisions Are Quasi-Judicial and Not Referable; Ordinance Aligning CUP Authority Is Administrative Under SDCL 7-18A-15.1 Case: Save Centennial Valley Association v. McGruder,...
Unilateral Rule-Change Clauses in Leases Are Enforceable When Constrained by Reasonableness and the Implied Covenant of Good Faith 1. Introduction In Vivos xPoint Investment Group, LLC v. Sindorf,...
Marsy’s Law in South Dakota: Police Officers Are “Victims,” and Victims May Seek Public Redaction of Names/Initials Subject to Constitutional Balancing 1. Introduction State v. Albaidhani, 2026 S.D....
Culhane v. Thovson: Withdrawal After Rejected Settlement Bars Contractual Contingent Fee; Recovery Limited to Quantum Meruit if Good Cause Exists Introduction Culhane v. Thovson (2026 S.D. 23) arises...
Turgeon v. City of Spearfish: No Weighing “Clear and Convincing” Evidence on Summary Judgment in Public-Right-of-Way Dedication Cases 1. Introduction Parties. Leslie and Karen Turgeon (property...
Criminal Burden Controls Rebuttal of Joint-Account Survivorship Presumption (State v. Spry, 2026 S.D. 21) 1. Introduction State v. Spry arises from the financial management of an elderly relative,...
State v. Warfield (2026 S.D. 20): Alternative Assault Counts May Go to the Jury Without Double Jeopardy Where Only One Conviction Enters; Lost/Skipped Prison Video Is Judged Under Trombetta Absent...
Anderson v. Streeter: “Not Engaged in Criminal Activity” Under SDCL 22-18-4.1 Is Measured at the Time Deadly Force Is Used, Supporting SDCL 22-18-4.8 Civil Immunity 1. Introduction In Anderson v....
State v. Clifford (2026 S.D. 16): Confrontation-Clause Review Requires a Developed Record and a Preserved “Testimonial” Objection to BOLO/Caller Statements 1. Introduction In State v. Clifford, the...
State v. Ware (2026 S.D. 18): Parole Eligibility Is a Collateral Consequence; PSI/Counsel Misstatements Do Not Invalidate an Otherwise Proper Guilty Plea Introduction In State v. Ware, the South...
State Jurisdiction on Former Yankton Allotments Sold in Fee: County Courthouse/Jail Sites Are Not “Indian country” Under 18 U.S.C. § 1151 Case: State v. Winckler, 2026 S.D. 19 (S.D. Mar. 11, 2026)...
DOT Shoulder-Maintenance Standards as Discretionary Functions: Sovereign Immunity Bars Individual-Capacity Negligence Claims Introduction Estate of Sanborn v. Peterson, 2026 S.D. 14, arises from a...
Birth-Certificate Sex Designations in South Dakota: ARSD 44:09:05:02 Limits Changes to Correction of Errors at Birth; Equal Protection Reviewed Under Rational Basis Absent a Classification...
SDCL 15-6-11 Monetary Sanctions: Courts Must Consider Nonmonetary Alternatives and the Sanctioned Party’s Ability to Pay Introduction In In the Matter of the Dissolution of Healy Ranch, Inc., 2026...
Judicial Estoppel Bars a Former Spouse From Reasserting a Recorded Property Interest Contrary to a Court-Approved Divorce Stipulation in a Quiet Title Action Case: Bryant v. Bryant, 2026 S.D. 13...
Threats Requiring Retrieval of a Weapon Are Not “Imminent” for SDCL 22-18-1(4) Simple Assault Introduction In Interest of J.A.D., III, the Supreme Court of South Dakota reviewed a juvenile...
Compensable Access Loss Requires Substantial Impairment to the Road System (Not a Preferred Arterial Route) and Proof of Special Damages; Hall II Limited to “Special-Benefit” Mitigation Cases Case:...
State v. Janes (2026 S.D. 9): Future Counseling Restitution Must Be Ascertainable at Sentencing 1. Introduction In State v. Janes, the Supreme Court of South Dakota reviewed a Minnehaha County...
Rule 11 Sanctions Are Limited to Filed Papers, Not Post-Filing Case-Management Conduct Case: Wells Fargo Bank, N.A. v. Myers, 2026 S.D. 10 (S.D. Feb. 18, 2026) Court: Supreme Court of South Dakota...