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  • Commentaries
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South Dakota Case Commentaries

State of South Dakota v. Long Soldier: Defining 'Possession' and 'Immediate Presence' in First-Degree Robbery

State of South Dakota v. Long Soldier: Defining 'Possession' and 'Immediate Presence' in First-Degree Robbery

Date: Jul 27, 2023
State of South Dakota v. Long Soldier: Defining 'Possession' and 'Immediate Presence' in First-Degree Robbery Introduction The case of State of South Dakota v. Damen Long Soldier (2023 S.D. 37)...
Sanford v. State of South Dakota: Supreme Court Affirms Procedure for Unsealing Search Warrant Affidavits

Sanford v. State of South Dakota: Supreme Court Affirms Procedure for Unsealing Search Warrant Affidavits

Date: Apr 6, 2023
Sanford v. State of South Dakota: Supreme Court Affirms Procedure for Unsealing Search Warrant Affidavits Introduction In the landmark case of In the Matter of an Appeal by an Implicated Individual...
Mandatory CDL Disqualification for Felony Ingestion: Russell C. Stanley v. State of South Dakota

Mandatory CDL Disqualification for Felony Ingestion: Russell C. Stanley v. State of South Dakota

Date: Mar 9, 2023
Mandatory CDL Disqualification for Felony Ingestion: Russell C. Stanley v. State of South Dakota Introduction The case of Russell C. Stanley v. State of South Dakota centers on the disqualification...
Supreme Court of South Dakota Establishes Limits on Private Right of Action for Vulnerable Adult Financial Exploitation

Supreme Court of South Dakota Establishes Limits on Private Right of Action for Vulnerable Adult Financial Exploitation

Date: Oct 13, 2022
Supreme Court of South Dakota Establishes Limits on Private Right of Action for Vulnerable Adult Financial Exploitation Introduction In the landmark case, Barbara Hermanek-Peck v. Richard Spry and...
Miranda Waiver and Voluntariness in State v. Larson: Establishing New Precedents in South Dakota Jurisprudence

Miranda Waiver and Voluntariness in State v. Larson: Establishing New Precedents in South Dakota Jurisprudence

Date: Oct 6, 2022
Miranda Waiver and Voluntariness in State v. Larson: Establishing New Precedents in South Dakota Jurisprudence Introduction In State of South Dakota v. Tristin Larson, decided by the Supreme Court of...
Landlord Not Liable for Tenant's Dog Bite Without Actual Knowledge or Custody: South Dakota Supreme Court Decision

Landlord Not Liable for Tenant's Dog Bite Without Actual Knowledge or Custody: South Dakota Supreme Court Decision

Date: Sep 15, 2022
Landlord Not Liable for Tenant's Dog Bite Without Actual Knowledge or Custody: South Dakota Supreme Court Decision Introduction In the case of Kevin Davies v. GPHC, LLC, the Supreme Court of South...
Mach v. Connors: Defining Direct Action Eligibility and Fiduciary Duties in Member-Managed LLCs

Mach v. Connors: Defining Direct Action Eligibility and Fiduciary Duties in Member-Managed LLCs

Date: Aug 11, 2022
Mach v. Connors: Defining Direct Action Eligibility and Fiduciary Duties in Member-Managed LLCs Introduction In the landmark case of Mach v. Connors, adjudicated by the Supreme Court of South Dakota...
Litigation Privilege and Attorney Liability: South Dakota Supreme Court Clarifies Aiding and Abetting in Privacy Invasion

Litigation Privilege and Attorney Liability: South Dakota Supreme Court Clarifies Aiding and Abetting in Privacy Invasion

Date: Apr 7, 2022
Litigation Privilege and Attorney Liability: South Dakota Supreme Court Clarifies Aiding and Abetting in Privacy Invasion Introduction The case of Doug Gantvoort v. Mary Ann Ranschau and David R....
Magistrate Court Jurisdiction Affirmed for Juvenile DUI Proceedings under SDCL 32-23-1

Magistrate Court Jurisdiction Affirmed for Juvenile DUI Proceedings under SDCL 32-23-1

Date: Mar 17, 2022
Magistrate Court Jurisdiction Affirmed for Juvenile DUI Proceedings under SDCL 32-23-1 Introduction The State of South Dakota v. Santana Bettelyoun, Jacob Ehret, and Zaven Osborne addresses the...
Landlord Liability in Premises: Control and Duty in Dog Attack Cases - Burgi v. East Winds Court

Landlord Liability in Premises: Control and Duty in Dog Attack Cases - Burgi v. East Winds Court

Date: Jan 27, 2022
Landlord Liability in Premises: Control and Duty in Dog Attack Cases - Burgi v. East Winds Court Introduction Burgi v. East Winds Court is a significant judgment delivered by the Supreme Court of...
Unsealing of Search Warrant Records: South Dakota Supreme Court Sets New Precedent

Unsealing of Search Warrant Records: South Dakota Supreme Court Sets New Precedent

Date: Oct 28, 2021
Unsealing of Search Warrant Records: South Dakota Supreme Court Sets New Precedent 1. Introduction The Supreme Court of South Dakota, in its October 27, 2021 decision titled In the Matter of an...
South Dakota Supreme Court Establishes Precedent on Short-Term Rentals within Residential Covenants

South Dakota Supreme Court Establishes Precedent on Short-Term Rentals within Residential Covenants

Date: Jun 17, 2021
South Dakota Supreme Court Establishes Precedent on Short-Term Rentals within Residential Covenants Introduction The South Dakota Supreme Court, in the case of Robert Wilson and Sharlene Wilson v....
Supreme Court of South Dakota Establishes Strict Enforcement of Statutory Limitations in Real Property Contracts

Supreme Court of South Dakota Establishes Strict Enforcement of Statutory Limitations in Real Property Contracts

Date: Mar 11, 2021
Supreme Court of South Dakota Establishes Strict Enforcement of Statutory Limitations in Real Property Contracts Introduction In the landmark case In the Matter of the Estate of Norman D. French,...
Reaffirming the Dual Elements of Bad Faith in Workers' Compensation: Johnson v. UPS and Liberty Mutual

Reaffirming the Dual Elements of Bad Faith in Workers' Compensation: Johnson v. UPS and Liberty Mutual

Date: Jun 25, 2020
Reaffirming the Dual Elements of Bad Faith in Workers' Compensation: Johnson v. UPS and Liberty Mutual Introduction In the landmark case of Fern Johnson v. United Parcel Service, Inc., and Liberty...
Enforceability of Real Estate Contracts under Statute of Frauds and Consideration: Hanna v. Landsman

Enforceability of Real Estate Contracts under Statute of Frauds and Consideration: Hanna v. Landsman

Date: Jun 18, 2020
Enforceability of Real Estate Contracts under Statute of Frauds and Consideration: Hanna v. Landsman Introduction Hanna v. Landsman is a pivotal Supreme Court decision of South Dakota, adjudicated on...
Affirmation of Limited Private Easement and Rejection of Prescriptive Easement in Helleberg v. Estes

Affirmation of Limited Private Easement and Rejection of Prescriptive Easement in Helleberg v. Estes

Date: May 14, 2020
Affirmation of Limited Private Easement and Rejection of Prescriptive Easement in Helleberg v. Estes Introduction Helleberg, Cox, and Heeter v. Estes and Estes is a landmark case adjudicated by the...
Res Judicata and Effective Counsel Affirmed in Piper v. Young

Res Judicata and Effective Counsel Affirmed in Piper v. Young

Date: Dec 12, 2019
Res Judicata and Effective Counsel Affirmed in Piper v. Young Introduction In Briley W. Piper v. Darrin Young, 936 N.W.2d 793 (S.D. 2019), the Supreme Court of South Dakota addressed critical issues...
Affirmation of Defendant’s Waiver of Counsel Rights and Proportional Sentencing in Theft by Exploitation: State v. Hauge

Affirmation of Defendant’s Waiver of Counsel Rights and Proportional Sentencing in Theft by Exploitation: State v. Hauge

Date: Jul 25, 2019
Affirmation of Defendant’s Waiver of Counsel Rights and Proportional Sentencing in Theft by Exploitation: State v. Hauge Introduction In the case of State of South Dakota v. Kenneth Craig Hauge, the...
South Dakota Supreme Court Affirms Underinsured Motorist Coverage Over 'Owned but Not Insured' Exclusion

South Dakota Supreme Court Affirms Underinsured Motorist Coverage Over 'Owned but Not Insured' Exclusion

Date: Apr 11, 2019
South Dakota Supreme Court Affirms Underinsured Motorist Coverage Over 'Owned but Not Insured' Exclusion Introduction In the landmark case of Kayne R. Larimer v. American Family Mutual Insurance...
Implied Covenant of Good Faith in Insurance Contracts: South Dakota Supreme Court Upholds Summary Judgment in Zochert v. Protective Life Insurance

Implied Covenant of Good Faith in Insurance Contracts: South Dakota Supreme Court Upholds Summary Judgment in Zochert v. Protective Life Insurance

Date: Dec 13, 2018
Implied Covenant of Good Faith in Insurance Contracts: South Dakota Supreme Court Upholds Summary Judgment in Zochert v. Protective Life Insurance Introduction The case of Ivan Zochert v. Protective...
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