The SD Supreme Court handed down three decisions this morning:
1) Sheriff-Elect’s assault conviction upheld;
2) Passenger injured in drive-by shooting denied insurance
coverage;
3) Resolution of dispute in auction proceeds from cattle sale
Summaries follows:
STATE v. WARE, 2020 S.D. 20: Sheriff-elect of Roberts County
was found guilty by jury of aggravated assault, sentenced to 7 years and placed
upon probation. The SD Supreme Court affirmed
this conviction. The concluding paragraph
of the Court’s opinion, ¶ 21, states:
Here, the
evidence that [Victim’s] jaw was broken and required to be wired shut for a
month and a half was sufficient to support a verdict for aggravated assault
under SDCL 22-18-1.1(4). Additionally, the State offered evidence that the suddenness of the attack caused [Victim]
psychological damage, along with his physical injury. Further, Dr. Phillips
testified that even after fixing the jaw, [Victim] faced the possibility of ongoing health
issues related to his jaw injury. Ware attempts to minimize this evidence by
arguing that there was no apprehension of danger to life, health, or limb
because [Victim] had no warning of the
punch, [Victim] himself had to request
bartenders call law enforcement because no one made the call, and he did not
receive medical attention until the next day. The jury considered all the
evidence and performed its exclusive role when it returned the verdict of
guilty for aggravated assault, and there is sufficient evidence to support the
verdict. Therefore, the circuit court did not err when it denied Ware’s motion for judgment of acquittal. We
affirm.
This decision is unanimous with opinion authored by Chief
Justice Gilbertson.
OLSON v. SLATTERY, 2020 S.D. 21: Passenger riding in backseat
of her parents’ car was injured by a bullet fired from a gun by the driver of
another vehicle. This litigation (consolidated
DJ actions) relates to whether insurance coverage exists for injured passenger
under her parents’ policy and/or under the policy of the other driver. The
trial court found that neither policy extends coverage, “because the injuries did not arise out of the use of a
vehicle and, alternatively, were not caused by an accident.” The SD Supreme Court affirmed in a unanimous ruling, with
opinion authored by Justice DeVaney. Circuit Judge Klinger sat on this case, in
lieu of Justice Jensen.
STROMBERGER FARMS, INC. v. JOHNSON, 2020 S.D. 22: This litigation involves an action for injunctive
relief and money damages in connection with the auction of cattle, with the
underlying dispute lying between the original owner of the cattle and the
subsequent purchase who placed the cattle up for auction. The trial court ruled for the subsequent
purchaser by granting a motion for partial summary judgment in the amount of $185,718.30. The trial court also denied a request for
change of venue filed by original owner.
The SD Supreme Court dismissed the appeal related to the denial of
change of venue on the basis of lack of jurisdiction. With respect to the award of $185,718.30, the
Court affirmed all but $12,500 and remanded for a resolution of claims as to the
lesser amount. This ruling is unanimous
with opinion authored by Justice Jensen.
These decisions may be accessed at
