The
SD Supreme Court handed down two decisions this morning, holding inter alia:
- Child sex abuse claim
revived on appeal in 3-2 ruling
- Prison sentence
upheld by 4-1 ruling
Summaries
follow:
SYRSTAD
v. SYRSTAD, 2021 S.D. 67: The issues in
this case, the lower court’s holding and the result on appeal are summarized in
the opening paragraph:
[¶1.] Marty Syrstad brought
suit against her father-in-law, Michael Syrstad, alleging claims of alienation
of affection and child sex abuse. This appeal concerns Marty’s claim of child
sex abuse, which the circuit court dismissed on summary judgment after
concluding that Marty failed to timely bring suit. Marty appeals, asserting that the circuit
court erred in granting summary judgment. We reverse and remand.
The
Court’s decision is a 3-2 ruling, with the majority opinion authored by Justice
DeVaney (writing on re-assignment), with Chief Justice Jensen and Justice
Salter concurring. Justice Kern authored a dissent, in which Justice Myren
concurs.
This
case involves the 3 year statute of limitations found in SDCL 26-10-25 (damages
for injury due to childhood sexual abuse).
The differences between the majority and dissent evolve from the
determination, as presented in the context of a summary judgment proceeding, as
to:
[W]hen a claimant
‘discovered or reasonably should have discovered’ the causation of an alleged
injury or condition.
STATE
v. GUZIAK, 2021 S.D. 68: Defendant was
arrested because of injuries inflicted on her infant son and related drug
possession. Pursuant to a plea
agreement, Defendant pled guilty to 2 felonies with the understanding that the
State would recommend a suspended execution of sentence and a cap of 180 days
in jail. Trial court imposed a 12 year
prison sentence, with 8 years suspended.
Defendant appeals,
arguing that the State’s
comments at sentencing breached its implied obligation of good faith under the
terms of the plea agreement.
The
SD Supreme Court affirmed in a 4-1 ruling, with the Court’s opinion authored by
Chief Justice Jensen. Justice Myren
dissented.
These
decisions may be accessed at
