The
SD Supreme Court handed down three decisions this morning:
1)
Plaintiff is entitled to attorney’s fees (times 2) in Mechanic’s Lien foreclosure;
2) Search incident to Mental Health hold upheld;
3) Pro Se
Defendant suffers adverse result in lower court and on appeal.
Summaries
follows:
SMITH MASONRY v. WIPI GROUP INC., 2025 S.D. 26: In this
action, Plaintiff seeks to foreclose on a Mechanic’s Lien. The trial court denied relief initially but
was reversed on appeal in WIPI I, 2023 S.D. 48, 996 N.W.2d 368. On remand, the trial court awarded the full
amount of the lien as ordered by the SD Supreme Court. But, the trial court also denied attorney
fees to Plaintiff. This appeal looks at
whether Plaintiff is entitled to attorney fees.
The SD Supreme Court again reverses the trial court and orders a remand
for an award of Attorney Fees. The Court
also awards Plaintiff appellate attorney fees of $30,000. The Court’s opinion is authored by Justice
DeVaney. Justice Kern filed a concurring
opinion expressing her belief that the trial court should award no less than
$150,000 in attorney fees on remand (in addition to the appellate award of
$30,000).
STATE v. PARRIS, 2025 S.D. 27: Police found Meth in a small container
in Defendant’s pocket when Defendant was taken “into
protective custody on a mental health hold after determining, based on his
suicidal statements and other actions,
that emergency intervention was necessary.” After
being convicted of possession of a controlled substance, Defendant appeals
asserting that his Motion to Suppress Evidence should have been granted. The SD Supreme Court disagreed, affirming the
conviction. The Court’s decision is
unanimous (5-0) with opinion authored by Justice DeVaney.
STATE v. SHEPLEY, 2025 S.D. 28: After receiving an undesired
result in proceeding pro se in this criminal proceeding, Defendant appeals
asserting that the “circuit court failed to
adequately advise him of the risks of self-representation.” The SD Supreme
Court rejects the appeal and affirms.
This ruling is unanimous (5-0) with opinion authored by Justice Kern.
These
decisions may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
