State v. Holy: Limits on Unrelated Contraband Interrogations During Traffic Stops Introduction In State v. Holy (2025 S.D. 19), the Supreme Court of South Dakota addressed whether a routine traffic...
Underinsured Motorist Coverage Follows the Insured: Public Policy Bars “Owned But Not Insured” Exclusions Introduction The Supreme Court of South Dakota’s decision in Earll v. Farmers Mutual...
Restricting Guardianship and Conservatorship to Qualified Nonprofit Entities: Clarification of SDCL 29A-5-110 Introduction This case arises from competing petitions for guardianship and...
No Requirement for “Alternative Counts” Homicide Instructions; Double-Jeopardy Is Cured by Entering Judgment on Only One Count Case: State v. Tuopeh, 2025 S.D. 16 (S.D. Mar. 12, 2025) Court: Supreme...
Limiting the Economic Loss Doctrine to UCC and Product Liability: A New Precedent in Construction Negligence Claims Introduction In the case of James and Amber May v. First Rate Excavate, Inc. (2025...
State v. Rogers (2025 S.D. 18): SDCL 23A-37-15 Violations Do Not Create Due Process or Spoliation Relief Absent Apparent Exculpatory Value or Bad Faith Court: Supreme Court of South Dakota Date:...
State v. Tuopeh: Multiple Homicide Counts Need Not Be Submitted as Alternatives; Double Jeopardy Is Avoided at Judgment by Entering Only One Conviction Introduction State v. Tuopeh (2025 S.D. 16)...
State v. Tuopeh (2025 S.D. 16): Double Jeopardy Is Avoided by Entering Judgment on Only One Homicide Count; No Right to an Alternative-Counts Instruction 1. Introduction State v. Tuopeh arises from...
South Dakota Limits the Economic Loss Doctrine to UCC/Product-Liability Claims and Rejects Its Use to Bar Construction-Services Negligence Absent Privity 1. Introduction In May v. First Rate...
Sentencing Courts May Consider Uncharged Conduct Without Explicit “Preponderance” Findings When the Record Supports It and the Defendant Can Contest It 1. Introduction In State v. Martin, 2025 S.D....
Evidentiary Preservation and Due Process in Electronic Evidence: Precedent in State v. Rogers The Supreme Court of South Dakota’s decision in State of South Dakota v. Dreau Lester Rogers (2025 S.D....
Equitable Abandonment of Restrictive Covenants: Voiding Enforcement in the Face of Pervasive Non-Compliance Introduction This commentary examines the seminal decision in Robert and Melissa Hood,...
Clarifying “Occupied” and Digital Evidence Authentication: A Landmark Decision in South Dakota Firearm Cases Introduction In the case of State of South Dakota v. Lydelle Edmond Turner, the Supreme...
Redefining Vicinage and Jury District Composition: Gonzales v. Markland and the Proper Scope of “County or District” under the South Dakota Constitution Introduction The case of Donika Rae Gonzales...
“Must Be Awarded” Means Mandatory: South Dakota DOH Must Issue Vacated Medical Cannabis Certificates to Next Lottery Waitlist Applicant Without Reapplication; Mandamus Lies for Agency Inaction Absent...
Per Diem Pain-and-Suffering Arguments Are Permissible—Subject to Trial Court Discretion: Weiland v. Bumann (2025 S.D. 9) Introduction In Weiland v. Bumann, 2025 S.D. 9, the Supreme Court of South...
Refining Judicial Admissions: Clarifying Causation and Liability in Personal Injury Cases Introduction The case of Breyanna Geerdes v. Denise Likness, adjudicated by the Supreme Court of South Dakota...
Establishing Appellate Jurisdiction and Procedural Notice Requirements in Agricultural Lease Disputes: A Landmark Decision Introduction The Supreme Court of South Dakota’s decision in "RONALD STOCK...
Extraordinary Relief in Probate Distributions: Reassessing Attorney Fiduciary Obligations Under Rule 60(b)(6) Introduction In this case, the Supreme Court of South Dakota considered an appeal...
Limiting Variance Grants: Ensuring Compliance with Statutory and Ordinance Requirements Introduction In the case of GREG DECRAMER and PATRICIA DECRAMER v. ROD DORALE and MCCOOK COUNTY BOARD OF...