15 results for 'judge:"Salter"'.
J. Salter finds that the circuit court properly entered conviction after defendant pleaded guilty to a Class 5 felony version of grand theft. However, the panel vacates and remands for resentencing to apply a proper provision under South Dakota Codified Law. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: May 15, 2024, Case #: 2024SD27, Categories: Sentencing, Theft
J. Salter finds that the circuit court improperly granted summary judgment and remanded for further proceedings a matter concerning a dispute of ownership of a semi truck. However, the lower court correctly determined that “drafting errors” alleged by the semi owner would not, themselves, preclude obtaining the title to the property. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Salter , Filed On: April 24, 2024, Case #: 2024SD24, Categories: Vehicle, Contract
J. Salter finds that the circuit court properly denied a breach of contract claim brought by a woman against the estate of her deceased husband. The son of the deceased opposed the partial summary judgment motion, arguing that a previous decision resolved the claim against the estate and precluded any further effort to change or refine the claim. The circuit court agreed and concluded that the woman was barred from litigating her breach of contract claim against the estate. Affirmed.
Court: South Dakota Supreme Court, Judge: Salter , Filed On: April 17, 2024, Case #: 2024SD23, Categories: Wills / Probate, Contract
J. Salter finds that the circuit court improperly denied a motion for dismissal of criminal charges under South Dakot Codified Law which requires dismissal of a defendant’s criminal charges when “there is no substantial probability that the defendant will become competent to proceed in the foreseeable future.” The court committed defendant to a state facility for competency restoration treatment. Those efforts have not been successful, and as a result of a series of “re-commitments,” defendant remains committed. Reversed.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: February 21, 2024, Case #: 2024SD12, Categories: Competence, Commitment
J. Salter entered answers concerning Governor Kristi Noem's request for advisory opinion on nine individual and fact-specific questions concerning the constitutional restriction upon legislators. The Governor's nine questions addressed a range of issues on legistlative restriction topics including contracts, employment status and retirement compensation.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: February 9, 2024, Case #: 2024SD11, Categories: Administrative Law
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J. Salter finds that the circuit court properly dismissed an appeal challenging the constitutionality of a tax after an audit revealed that a company had not paid use tax on equipment. The tax did not violate the Due Process Clause of the Fourteenth Amendment or the Interstate Commerce Clause. Affirmed.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: February 7, 2024, Case #: 2024SD8, Categories: Constitution, Tax
J. Salter finds that the circuit court properly granted a tenant’s motion for summary judgment concerning a breach of the management agreement claim for the purchase and subsequent leasing of a home. The circuit court also held that individuals were entitled to attorney fees under the terms of the listing agreement. Affirmed.
Court: South Dakota Supreme Court, Judge: Salter , Filed On: February 7, 2024, Case #: 2024SD10, Categories: Property, Attorney Fees
J. Salter finds that the circuit court improperly granted summary judgment in a matter in which The McCook County Board of Adjustment determined that five lots owned by an individual in an area zoned for agricultural use did not include individual building eligibilities under a zoning ordinance. The lower court erroneously supplanted a plain application of the text with a determination of the County's intent to hold that the lots were not buildable. Reversed.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: January 10, 2024, Case #: 2024SD2, Categories: Property, Zoning
J. Salter determined that defendant could not relitigate the efficacy of a self-defense claim in habeas corpus proceeding for a matter in which defendant is serving a life sentence in prison after he pleaded guilty to first-degree manslaughter. Defendant was also unable to support claims that he was prejudiced during trial and that he received ineffective assistance of counsel. Affirmed.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: November 29, 2023, Case #: 2023SD63, Categories: Habeas, Ineffective Assistance, Manslaughter
J. Salter finds that the circuit court properly ruled in favor of the South Dakota Department of Transportation in a matter in which the Department constructed a median in the highway abutting a company's property. The company sued over changes to its access to the property. The circuit court correctly applied substantive takings principles to conclude that the installation of the median did not constitute a taking. Affirmed.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: November 15, 2023, Case #: 2023SD58, Categories: Property, Transportation
J. Salter vacates a portion of a ruling in favor of Rapid City Area School District 51-4 in which an organized citizens group, along with several individuals, commenced an action seeking a declaration that the district was acting contrary to South Dakota’s open meeting law by not allowing public comment at some of its board meetings. The panel vacates the portion of the court’s decision concerning public comment and affirms the decision to not review a state’s attorney’s determination concerning an alleged violation of a separate open meeting statute. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Salter , Filed On: November 2, 2023, Case #: 2023SD57, Categories: Education, Public Record
J. Salter finds that the circuit court properly entered judgment after defendant was found guilty of second-degree murder and was sentenced to 40 years in prison. Defendant sought review of multiple issues that arose from jury selection and sentencing. The circuit court ultimately held that statements made by a prosecutor should be clarified to reflect the fact that the State requested the transfer of the juvenile case to adult court, which the prosecutor agreed to explain. Affirmed.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: October 4, 2023, Case #: 2023SD53, Categories: Juvenile Law, Jury, Murder
J. Salter finds that the circuit court properly entered judgment after an individual was indicted on two counts of rape in the first degree. The individual later alleged he had not received notice of the State’s intent to introduce certain evidence. Affirmed.
Court: South Dakota Supreme Court, Judge: Salter , Filed On: August 23, 2023, Case #: 2023SD46, Categories: Evidence, Sex Offender
J. Salter finds that the circuit court improperly denied attorney fees for a daughter's efforts to vindicate her father’s intent concerning the creation of two trusts prior to the father's death in 2018 for litigation efforts to obtain a homestead. However, the circuit court correctly determined that
attorney fees were not authorized for other efforts to reform a land trust and retire the mortgage debt sooner. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Salter , Filed On: August 18, 2023, Case #: 2023SD44, Categories: Property, Wills / Probate