70 results for 'court:"South Dakota Supreme Court"'.
J. Devaney finds that the circuit court properly awarded damages to an airplane owner. The airplane was damaged when an individual sought rental of the aircraft and expressed interest in learning how to fly and assured the owner that he had insurance, which he did not possess. The individual failed to get the plane to an adequate takeoff speed and crashed into a ravine. The panel determined it had jurisdiction and affirmed on the merits of the matter. Affirmed.
Court: South Dakota Supreme Court, Judge: Devaney , Filed On: July 12, 2023, Case #: 2023SD34, Categories: Insurance, Property, Damages
J. Kern finds that the circuit court improperly held that a trust was liable for assessments conducted in 2020 and 2021. The circuit court’s award of prejudgment interest was issued on the basis that the trust was liable for the assessments and therefore improperly retained the associated money. Reversed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: July 6, 2023, Case #: 2023SD31, Categories: Trusts
J. Kern finds that the circuit court properly entered judgment after defendant was convicted as an accessory to aggravated assault for intentionally harboring or concealing a juvenile in the commission of a felony. Defendant argues that because the juvenile was subject to a delinquency
adjudication, rather than a criminal prosecution, which could have resulted in a felony conviction, she can not be an accessory to a felony. The matter stems from a recorded assault against another juvenile. Defendant was properly convicted in accordance with South Dakota Codified Law. Affirmed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: June 28, 2023, Case #: 2023SD29, Categories: Juvenile Law, Assault
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J. Myren finds that the circuit court improperly reversed an Administrative Law Judge’s decision which determined an individual was disqualified
from receiving reemployment assistance benefits because he was discharged for work-connected misconduct. Reversed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: June 21, 2023, Case #: 2023SD27, Categories: Employment
J. Myren finds that the circuit court improperly granted summary judgment in a matter involving beneficiary, guardianship and conservatorship status concerning an estate. After the individual died, the circuit court approved a final accounting and terminated a guardianship. The appeals to that termination were dismissed as moot. The court held that the removal of the beneficiaries was entered without notice to the beneficiaries and without a proper hearing. Reversed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: June 14, 2023, Case #: 2023SD26, Categories: Property, Wills / Probate, Guardianship
J. Devaney finds that the circuit court properly issued an oral ruling from a bench trial finding defendant guilty of hunting on private land without
permission from the owner. Defendant claims that his conviction should be reversed because the South Dakota Codified Law in question is not a strict liability offense. Affirmed.
Court: South Dakota Supreme Court, Judge: Devaney, Filed On: May 31, 2023, Case #: 2023SD25, Categories: Trespass
J. Jensen finds that the circuit court properly issued a decree of separate maintenance but lacked authority to equitably divide the marital property as part of the decree in a divorce proceeding. The matter is remanded for an evidentiary hearing to divide the marital assets for the time the divorce decree was entered. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Jensen, Filed On: May 25, 2023, Case #: 2023 SD 24, Categories: Family Law