The
SD Supreme Court handed down three decisions this morning:
- Charge of DUI 3rd warrants Preliminary
Hearing;
- Litigation over damage to
airplane reversed & remanded;
- Wife’s conviction of criminal
offenses arising out of domestic disturbance AFF’D.
Summaries
follows:
STATE
v. RUS, 2021 S.D. 14: Defendant, faced with DUI charge, requested a
“preliminary hearing” because a conviction would his 3rd DUI in 10
years, thereby making him susceptible to a felony conviction. The trial court resisted on the basis that
the underlying offense is a misdemeanor, denying his request for a preliminary
hearing. The SD Supreme Court took the
case, on an intermediate appeal, and agreed with the Defendant, holding, “The plain language of SDCL
23A-4-3 entitles a defendant to a preliminary hearing if he or she is charged
by complaint or information with an offense ‘punishable as a felony.’” This ruling is unanimous (5-0) with opinion authored
by Retired Chief Justice Gilbertson.
WRIGHT
v. TEMPLE, 2021 S.D. 15: This action was
filed by the owner of an airplane for property damage to the plane, asserting
claims of breach of contract, negligence and deceit. Jury verdict was rendered for the
Plaintiff-Owner, with the trial court entering judgment in the amount of
102,434.52 plus interest and costs. The issues, as framed on appeal are set
forth in ¶1:
[Defendant]
appeals, asserting the circuit court erred in allowing service
by publication, in instructing the jury on damages, and in entering a judgment
with duplicative damages. [Defendant] further contends the evidence is
insufficient to sustain the jury’s verdict in favor of [Plaintiff] on the
breach of contract and negligence claims. By notice of review, [Plaintiff]
asserts the circuit court erred in denying his motion to submit his punitive
damages claim to the jury.
The
facts are intricate, not capable of brief summarization. The SD Supreme Court reversed and
remanded. This ruling is unanimous (5-0)
with opinion authored by Justice DeVaney.
STATE
v. SCHUMACHER, 2021 S.D. 16: Criminal
charges were filed against a wife, as a result of conduct which occurred when
law enforcement officers responded to emergency calls related to a domestic
disturbance in Fall River County. Wife
was convicted, by jury, of 3 offenses as described in ¶1:
[¶1.] A jury convicted Judy
Schumacher of two counts of aggravated assault under the theory that she used a
deadly weapon in an attempt to put another in fear of imminent serious bodily
harm. The jury also found her guilty of one count of simple assault against a
law enforcement officer. Judy appeals, arguing she cannot be guilty of
aggravated assault because the gun she was holding at the time of the incident
giving rise to the charges was inoperable. She also contends there was
insufficient evidence to support the conviction of simple assault against a law
enforcement officer. She further claims that the facts supporting the simple
assault charge should have been suppressed because they occurred following what
she considers an unlawful entry onto her property to arrest her.
The
SD Supreme Court affirmed in a unanimous (5-0) ruling, with opinion authored by
Justice Salter. Justice Myren
participated in this appeal which was submitted on the briefs on January 11,
2021.
These
decisions may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
