13 results for 'judge:"Myren "'.
J. Myren finds that the circuit court properly affirmed the decision of The Sully County Board of Commissioners to deny a claim for reimbursement under county poor-relief statutes for emergency medical treatment provided to an individual. The individual is a Mexican national who worked on a seasonal visa for a few months per year in Sully County. While working in Sully County in 2014, the individual suffered appendicitis and required emergency medical services. Affirmed.
Court: South Dakota Supreme Court, Judge: Myren , Filed On: May 1, 2024, Case #: 2024SD25, Categories: Employment, Health Care
J. Myren finds that the circuit court properly entered conviction after defendant pleaded guilty to second-degree rape. Defendant contends the circuit court improperly denied his motion to withdraw his guilty plea because of his ���lack of communication with his trial lawyer.��� Defendant affirmed to the circuit court that he voluntarily and knowingly entered the plea agreement without coercion and with a complete understanding of its ramifications and the rights he would be waiving. Affirmed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: April 3, 2024, Case #: 2024SD17, Categories: Sex Offender, Plea
J. Myren finds that the circuit court properly denied a company's request for a refund from the South Dakota Department of Revenue. The company is a South Dakota-licensed wholesaler of tobacco products that purchased products known as "Other Tobacco Products" (OTP). The Department of Revenue determined that the tax was properly assessed for the purchases of OTP. Affirmed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: January 10, 2024, Case #: 2024SD1, Categories: Commerce, Tax
J. Myren finds that the circuit court properly denied a motion to dismiss a matter involving a contract dispute for labor and materials for improvements to a ranch property. However, the panel held that the lower court improperly dismissed certain claims by an individual and remands for determination if the individual was an independent contractor. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: November 2, 2023, Case #: 2023SD56, Categories: Property
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J. Myren finds that the circuit court improperly denied a State-filed motion to dismiss a second petition for a writ of habeas corpus alleging ineffective assistance of defendant's habeas counsel for failing to seek a certificate of probable cause in his first habeas corpus proceeding. Defendant was convicted of second-degree murder and sentenced to life in the penitentiary. The South Dakota Constitution does not include a constitutional right to effective assistance of habeas counsel. Reversed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: October 19, 2023, Case #: 2023SD54, Categories: Habeas, Murder
J. Myren finds that the circuit court properly entered two orders in which it denied requests to hold an individual, a trust and a hotel in contempt in a matter involving a property sale. Denial of the contempt requests was valid because none of the entities in question "willfully or contumaciously" violated the court's order. Affirmed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: September 27, 2023, Case #: 2023SD52, Categories: Contempt, Property, Trusts
J. Myren finds that the circuit court improperly granted summary judgment in favor of a trust concerning the purchase price of land. The parties entered into a sale agreement in 2000 for the sale of land for $325 per acre. During the discussions leading up to the sale, the buyer agreed to that purchase price with the understanding that he would have an option to buy the remainder of their land at a lower per-acre price. Reversed.
Court: South Dakota Supreme Court, Judge: Myren , Filed On: September 20, 2023, Case #: 2023SD49, Categories: Property, Contract
J. Myren finds that the circuit court improperly determined that the Day County Board of Adjustment could reconsider and modify a previously granted variance. The variance issue arises from a violation by property owners who altered the grading and added rocks to the property. The Board of Adjustment no longer had the authority to reconsider the variance. Reversed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: September 20, 2023, Case #: 2023SD50, Categories: Property, Zoning
J. Myren finds that the circuit court improperly dismissed a writ of certiorari as untimely in a matter involving an individual's proposed conditional use permit for to build a campground recreational facility. However, the lower court properly denied writ of mandamus. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: August 9, 2023, Case #: 2023SD43, Categories: Property
J. Myren finds that the circuit court properly entered judgment after defendant was convicted of ten counts of sexual contact with a child under age sixteen and one count of first-degree rape. Defendant was not prejudiced by testimony offered by a mental health practitioner who had served as the victim���s counselor. Affirmed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: August 2, 2023, Case #: 2023SD41, Categories: Sex Offender, Witnesses
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