[¶1.] Kristen Jensen's personal injury action was dismissed as beyond the applicable statute of limitations and she appeals. We reverse... FACTS... [¶2.] On May 3, 2007, Jensen filed a civil complaint against Zachary Kasik seeking damages as the result of Kasik's alleged negligent operation of a motor vehicle. The complaint alleged that on or about June 9, 2001, Kasik attempted to pass a vehicle in a no passing zone when it struck another vehicle. The second vehicle was driven by Mike...  

[¶1.] On April 9, 2007, James Ray Hofer and Karla Kristine Hofer (hereinafter individually, "Jim" and "Karla," or collectively, the "Hofers") were indicted by a Hutchinson County Grand Jury on 10 counts of grand theft by deception in violation of SDCL 22-30A-1,1 SDCL 22-30A-3(4)2 and SDCL 22-30A-17.3 Under the terms of plea agreements, on August 13, 2007, the Hofers entered guilty pleas to Count 1 of the indictment while the remaining counts were dismissed......  

[¶1.] Heartland Consumers Power District (Heartland) appeals from an order and writ of mandamus finding that Jeffrey Ray Heinemeyer (Heinemeyer) was legally qualified to serve on the Heartland Consumers Power District Board of Directors (the Board) and requiring the Board to seat Heinemeyer on the Board. We reverse and remand... FACTS AND PROCEDURAL HISTORY... [¶2.] Heartland is a public corporation and political subdivision of the State of South Dakota, with headquarters in Madison,...  

[¶1.] Discover filed a motion for summary judgment in a breach of contract claim against cardholder Joseph Stanley. Discover did so without filing a statement of undisputed material facts. The circuit court granted Discover's motion, and entered a judgment against Stanley. Stanley appeals. We reverse. FACTS... ... [¶2.] Joseph Stanley applied for and was granted a Discover card in March of 1996. The terms which Discover applied to issuance of the card are not in dispute. In part the...  

[¶1.] Kasey L. Onken was prosecuted for five counts of criminal pedophilia and, in the alternative, five counts of sexual contact with a child under sixteen. He was found guilty of one count of sexual contact with a child under sixteen. During trial, Onken questioned witnesses about V.B., a witness the defense believed did not exist, and discovered that V.B. does in fact exist. Onken requested a continuance for time to interview V.B. to gather potential exculpatory evidence in support of...  

[¶1.] Ronald Reaves pleaded guilty to second degree rape in exchange for a binding agreement providing a maximum of 15 years in the penitentiary and dropping the alternative kidnapping charges. Circuit Court Judge Merton Tice, Jr. informed Reaves that if the court was not going to adhere to the plea agreement, Reaves would have the opportunity to withdraw his guilty plea. Judge Tice sentenced Reaves to 20 years in the penitentiary, with 10 suspended, believing that this was within the plea...  

[¶1.] American Family Insurance (American Family) filed a complaint for a declaratory judgment against Auto-Owners Insurance Company (Auto-Owners). American Family sought a declaration that it had a subrogated interest against an Auto-Owners' homeowners' policy issued to Sandra Pike, Christopher Pike and Ashley Deiss (tenants). The circuit court granted summary judgment to Auto-Owners and tenants (the defendants). American Family appeals. We reverse and remand... FACTS... [¶2.] The...  

[¶1.] On August 31, 2005, plaintiff James Scott Kirlin (Kirlin) commenced a lawsuit in the South Dakota Second Judicial Circuit for personal injuries and other losses against defendants Kim Halverson (Halverson), Kelly Cawthorne (Cawthorne) and PKJ, Inc. d/b/a Empire HVAC (PKJ) resulting from an assault that Halverson perpetrated upon Kirlin. Kirlin's wife, plaintiff Kristin Kirlin, concurrently commenced an action against the defendants for loss of consortium. The Kirlins' claims against...  

[¶1.] Z.B. admitted in juvenile court to committing two first degree rapes. At the time of these offenses, he was fifteen. He was court ordered to register as a sex offender. South Dakota law requires that Z.B. remain on the sex offender registry for life. Adults who commit the same offense may be able to have their names removed from the registry if they obtain a suspended imposition of sentence. There is no equivalent opportunity for juvenile offenders like Z.B. Accordingly, under the...  

[¶1.] Aaron Squires appeals a jury verdict that found him liable to Susan Kurtz for damages resulting from an automobile accident. We affirm. [¶2.] On August 24, 2001, Squires rear-ended Kurtz. Although Squires admitted that he was negligent and that Kurtz was not contributorily negligent, he denied that the collision resulted in any injury to Kurtz. Kurtz, however, claimed that the collision caused her permanent injuries consisting of persistent severe neck and shoulder pain and...  

[¶1.] Marnie Hollinsworth Lammle (Mother) appeals the circuit court's order reducing child support owed by Jackie Hollinsworth (Father). Mother claims that the circuit court erred (1) by deviating downward from the child support schedule based on Mother's underemployment and (2) by not deviating upward based on Father's alleged voluntary act of reducing his income. We reverse the circuit court's decision on issue (1) and affirm on issue (2)... FACTS... [¶2.] The parties were married...  

[¶1.] Scott Ehresmann ( Ehresmann) purchased two four-plexes and one ten-plex pursuant to a contract for deed and subsequent warranty deed listing Doug Muth and his wife Charity Muth as the sellers. A prior purchase agreement between the parties listed Cisco Financial Group as the seller. Ehresmann experienced continuing problems with the four-plexes' vinyl siding. He brought suit against Doug Muth alleging fraud and deceit, negligent misrepresentation, negligent construction, and breach...  

[¶1.] In this medical malpractice action, the jury returned a verdict in favor of the doctor, finding no negligence. After the verdict, we handed down Papke v. Harbert, 2007 SD 87, 738 NW2d 510, where we ruled that the "error in judgment" pattern jury instruction should not be given in medical malpractice cases. Because that instruction was used in this case, the circuit court granted plaintiff's motion for a new trial. Finding no abuse of discretion, we affirm... Background......  

[¶1.] Grand River Enterprises Six Nations Ltd. (Grand River), a Canadian cigarette manufacturer, moved the circuit court to vacate three default judgments arising out of the sale of cigarettes in the State of South Dakota. Grand River argued that the circuit court lacked personal jurisdiction because Grand River had not purposefully availed itself of the South Dakota market sufficient to permit jurisdiction under the Due Process Clause of the Fourteenth Amendment. After an evidentiary...  

[¶1.] In this divorce proceeding, the circuit court evaluated real property inherited by James Terca, one-half before and one-half nine years into an eighteen-year marriage, and determined it was a marital asset. The circuit court awarded Marissa Terca two parcels of the inherited land and other real property valued at $476,167.75 and James the remainder valued at over $1,000,000.00. James appeals contending: (1) Marissa made no contribution to the maintenance of the property, (2) the...  

[¶1.] At the time of Joseph E. Olson's ("Joe") death, ten certificates of deposit ("CDs") he purchased were held in joint ownership with his wife, Nora A. Olson ("Nora"). Joe's six children from a previous marriage claim that Joe intended the CDs' proceeds to go to them, rather than to Nora, upon Joe's death. The circuit court held: (1) Nora was a joint tenant with rights of survivorship to the CDs. We affirm Issue 1. (2) The court further held that Joe's children...  

[¶1.] Kristopher Marks (Marks) appeals his conviction for possession of more than one pound but less than ten pounds of marijuana. We stay our consideration of the case and order counsel to file an amended brief in compliance with all of the requirements of State v. Korth, 2002 SD 101, 650 NW2d 528... [¶2.] Pursuant to a plea bargain and guilty plea, Marks was convicted of one count of possession of more than one pound of marijuana but less than ten pounds. He was sentenced to eight...  

[¶1.] After a consent search revealed tablets of hydrocodone with acetaminophen and Ritalin, and a pen tube encrusted with pill residue, Zachariah Palmer Ryan was charged with three drug-related offenses. A jury found him guilty of two charges, but acquitted him of the other. Ryan appeals, alleging a Batson violation and insufficient evidence to sustain the jury's verdict. We affirm... FACTS... [¶2.] At 1:30 a.m. on October 1, 2006, Ryan was riding as a passenger in a white Chevrolet...  

[¶1.] Tova L. Heiss (Tova) appeals from a circuit court judgment adopting a referee's recommendation to reduce Andrew J. Heiss's (Andrew's) child support obligation three months after Andrew's initial child support order was entered. We reverse... I... [¶2.] Tova and Andrew were married on July 25, 1998. They had two children. Tova sued Andrew for divorce on December 29, 2006. The parties entered into a stipulation and property settlement agreement that was incorporated into a...  

[¶1.] Approximately one year after her divorce, Elizabeth Pifer moved the circuit court to relocate the parties' minor son from South Dakota to Illinois. The circuit court denied Pifer's motion, and Pifer appeals. We affirm... I... [¶2.] Kirk Hogen and Elizabeth (Hogen) Pifer entered into a stipulation and agreement for divorce on May 19, 2006. At the time, both parties lived in Vermillion. Under the divorce decree, they shared joint legal custody of their son Jake (age eleven at the...