Grand Theft and Conspiracy Convictions Reversed

The SD Supreme Court handed down 1 new decision this morning. Summary is set forth below. 1) Convictions for Grand Theft and Conspiracy Reversed Summary follows: STATE v. SPRY, 2026 S.D. 21: Husband and Wife (H & W) were charged with handling matters for Uncle, by virtue of a Power of Attorney. After Uncle died intestate, H & W transferred funds from a joint bank account (for all three) into their separate account. This criminal prosecution was institute at the urging of an attorney for “concerned relatives.” After a 3-day Jury trial in Bon Homme County, H & W were both convicted of some misdemeanor charges but also convicted of Grand Theft and Conspiracy to Commit Grand Theft. In ruling on joint appeals, the SD Supreme Court reversed and remanded the Grand Theft and Conspiracy to Commit Grand Theft convictions. The reversal is based upon evidentiary error and error in the jury instructions, as stated by the Court: [¶45.] [T]he court erred by not admitting Way’s [Susan Was was an agent of H & W who witnessed Uncle’s execution of documents] testimony of [Uncle’s] contemporaneous out-of-court statements under SDCL 19-19-803(3). We further conclude that the circuit court erred when instructing the jury on the burden of proof the State must meet to rebut the presumption that [Uncle] intended the [H & W] to have rights of survivorship with respect to the funds remaining in the joint bank account. Accordingly, we reverse the grand theft and conspiracy to commit grand theft convictions and remand for further proceedings. This decision is unanimous (5-0) by the Court, with opinion authored by Justice Kern. NOTE: Relatives also sued H & W in federal court in a civil action which prompted a decision by the SD Supreme Court in Matter of Certification of Question of Law from United States District Court, District of South Dakota, 2022 S.D. 60, 981 N.W.2d 325. NOTE also: The successful attorney in this case is former student John Hinrichs who also served as Magistrate Judge in the 2nd Circuit for 9 years, 2006-2017. Congratulations John! This decision may be accessed at http://ujs.sd.gov/Supreme_Court/opinions.aspx .