Improper use of Collateral Estoppel warrants reversal and new trial

The SD Supreme Court handed down 1 new decision this morning. Summary is set forth below. 1) Improper use of Collateral Estoppel warrants reversal and new trial, Summary follows: ESTATE OF O'NEILL, 2026 S.D. 1: Son sought probate of his mother’s last Will which gave him the entire estate, to the exclusion of his siblings. Siblings alleged “undue influence.” The trial court relied upon findings in a civil dispute between Son and a brother, for the purpose of narrowing the jury’s consideration of the issues, resulting in an adverse verdict for Son. Son appeals. The SD Supreme Court reversed and remanded, stating: [¶42.] The circuit court erred in wholesale admitting findings of fact and conclusions of law regarding issues that were not identical to issues in the resent case and not necessary or essential to the prior judgment. By then instructing the jury that all of the findings—including credibility determinations and specific statements that Tony had been dishonest with Rick and the court—and instructing the jury to consider those findings and conclusions as established, the court effectively foreclosed the jury’s ability to undertake its own independent assessment of the witnesses’ credibility on the issues more closely connected to the Respondents’ undue influence claim. We reverse and remand for a new trial. This ruling is unanimous (5-0), with opinion authored by Justice Salter. This scholarly opinion presents a thorough discussion of the doctrine of “Collateral estoppel, also known as issue preclusion,” as it has evolved in South Dakota. This decision may be accessed at http://ujs.sd.gov/Supreme_Court/opinions.aspx .