Thursday, July 3, 2025

two new decisions by SD Supreme Court today

 

The SD Supreme Court handed down two decisions this morning:

 

1)    Reversal & Remand, Civil Dispute

 

2)   Criminal Conviction Affirmed;

  

Summaries follows:

JED SPECTRUM, INC. v. STOAKES, 2025 S.D. 31: The first and last paragaphs of this opinion explain what is happening:

[¶1.] Bighorn Construction, LLC (Bighorn) and JED Spectrum, Inc. (JED) each filed a echanic’s lien against property owned by Keith Stoakes and thereafter jointly instituted this action to foreclose on the liens. Stoakes answered, denying the validity of the liens and asserting counterclaims for slander of title against both companies and breach of contract, promissory estoppel, and fraud against JED. After a three-day bench trial, the circuit court issued amended findings of fact and conclusions of law denying JED’s and Bighorn’s claims for lien foreclosure and ruling in favor of Stoakes on his slander of title claims against both companies. The court awarded Stoakes $252,225.27 in damages on his slander of title claims and $33,394.20 in attorney fees. The court denied relief on the parties’ remaining claims. Bighorn and JED appeal, arguing the court erred in ruling in favor of Stoakes on his slander of title claim and in calculating damages. By notice of review, Stoakes challenges the denial of relief on his promissory estoppel claim and associated request for attorney fees. We reverse in part and affirm in part.

[¶51.] We reverse the circuit court’s order and judgment in favor of Stoakes on the slander of title claims and affirm the court’s order denying Stoakes’s promissory estoppel claim. We also affirm the court’s judgment for attorney fees in favor of Stoakes in the amount of $33,394.20.10F 11 Given these rulings, we also deny Stoakes’s request for appellate attorney fees.

Unanimous (5-0) decision, with opinion by Justice DeVaney.

STATE v. GEIST, 2025 S.D. 32:  This opinion is summarized in the opening paragraph:

[¶1.] Following a jury trial, Michael David Geist was convicted and sentenced for simple assault on a law enforcement officer and criminal trespass. Geist appeals, alleging the circuit court abused its discretion by admitting into evidence a recording from an officer’s body camera under the silent witness theory. We affirm.

Unanimous (5-0) decision, opinion authored by Justice Salter.

These decisions may be accessed at

 

http://ujs.sd.gov/Supreme_Court/opinions.aspx .