TODAY: 8th Circuit Upholds D.S.D. (District of South Dakota) X 2

NORTHERN Division: Brendan LaBatte v. Karen Gangle: This lawsuit challenges the assertion of jurisdiction in the tribal court for the Sisseton Wahpeton Oyate Sioux Tribe, challenging the court's authority to entertain a DUI charge -- a charge which, although initially filed in tribal court, was subsequently dismissed without prejudice. The named Defendants were, "Karen Gangle, Prosecutor for the SWO, in their official capacity; Gary Gaikowski, Chief of Police for SWO, in their official capacity; Hon. Ruth Burns, Judge for the SWO Tribal Court, in their official capacity; Hon. Michael Swallow, Judge for the SWO Tribal Court, in their official capacity." The trial judge, Hon. Eric C. Schulte, dismissed for lack of federal subject matter jurisdiction. This 11 page opinion by the 8th Circuit, heavily laden with discussions of Indian Soverreignty, Federal Jurisdiction and Mootness, upholds the trial court's ruling, clarifying as follows: "[T]his case must be dismissed. We affirm the judgment of the district court, vacate the court’s decision, and therefore need not decide the jurisdiction, sovereign immunity, and tribal court exhaustion issues the parties have briefed and argued. See Madore, 128 F.4th at 942-43." WESTERN Division: Daniel Lipsky v. Nate Cronin: This is a pro se 1983 civil rights claim filed against, "Nate Cronin; Bill Wainman; Michael Close; City of Hot Springs, SD." The trial judge, Hon. Lawrence L. Piersol, dismissed the complaint, partially sustaining a Motion to Dismiss and dismissing the remaining claims by way of Summary Judgment. The 8th Circuit affirmed in a brief one-paragraph per curiam opinion. These opinions may be viewed by clicking on the links below: Current Opinions are for Friday, December 12, 2025 242798P.pdf 12/12/2025 Brendan LaBatte v. Karen Gangle U.S. Court of Appeals Case No: 24-2798 U.S. District Court for the District of South Dakota - Northern 251692U.pdf 12/12/2025 Daniel Lipsky v. Nate Cronin U.S. Court of Appeals Case No: 25-1692 U.S. District Court for the District of South Dakota - Western

Criminal Convictions Upheld

The SD Supreme Court handed down 1 new decision this morning. Summary is set forth below. 1) Criminal convictions upheld; Summary follows: STATE v. LONG, 2025 S.D. 69: This is a criminal appeal, aptly described in the opening paragraph as follows: [¶1.] Lance Long was convicted in Corson County of three counts of rape, three counts of aggravated assault, and five counts of abuse of or cruelty to a minor. The victims were Long’s stepchildren. Other act evidence of similar conduct by Long involving these same children was admitted at trial over Long’s objection. The circuit court denied Long’s motion for judgment of acquittal regarding one of the rape counts. Long appeals his convictions, and we affirm. This is a unanimous decision (5-0), with opinion authored by Justice Myren. NOTE: In this opinion, Justice Kern is shown as participating as a “Retired Justice.” Justice Gusinski is shown as “not participating. This is the first time I have seen Justice Gusinski’s name on an opinion as a Supreme Court Justice. 😊 This decision may be accessed at http://ujs.sd.gov/Supreme_Court/opinions.aspx .