The SD Supreme Court handed down two decisions this morning:
1) Adjudication of Delinquency Reversed;
2) Out-of-wedlock son permitted to challenge intestate
distribution;
Summaries follows:
INTEREST OF N.A., 2021 S.D. 57: Minor child was adjudicated as a delinquent
based upon allegation that she assaulted a police officer. The SD Supreme Court reversed and remanded,
finding that the police officer used excessive force in the events which
prompted the juvenile to react. The
Court stated:
[¶22.]
Based upon our de novo review of this constitutional issue, and after
considering the totality of the circumstances, we conclude Officer Bassett used
excessive force to detain N.A. when he grabbed and pulled a non-threatening,
non-fleeing, and non-resisting female teenager to the ground in a dark room,
without warning.
The Court further held that the trial court did not properly
analyze and consider the juvenile’s claim of self-defense. This decision is unanimous (5-0), with
opinion authored by Justice Myren.
OLSON v. BERGGREN, 2021 S.D. 58: Deceased’s $ 2 million estate was distributed
as an intestate estate, pursuant to filings on behalf of 3 children born of two
different marriages. This intestate
distribution was made in 2014. Deceased
also fathered 1 son out-of-wedlock who eventually learned of the intestate
distribution and who filed suit in 2019 challenging the distribution and
seeking redress. The trial court ruled against the out-of-wedlock son on the
basis of summary judgment, holding his claims were untimely. The SD Supreme Court reversed and remanded. This decision is unanimous (5-0) with opinion
authored by Justice DeVaney.
(NOTE: this case is fact intensive and this summary is truly a
simple summary. The interested reader
should not hesitate to examine the full opinion for all the details related to
the facts and claims asserted by the out-of-wedlock son.)
These decisions may be accessed at
