The Court’s October term is scheduled to take place at the University of South Dakota Law School in Vermillion on October 2, 3, and 4, 2017.

October 2, 2017, Oral Arguments

9:00 a.m.: #27736, 27738, South Dakota v. Patterson.
Issues:
1.     Whether the trial court committed prejudicial error by allowing the State to present other acts evidence to the jury.
2.     Whether the trial court erred when it permitted the State to argue a factual theory of guilt and motive not supported in the record by the evidence.
3.     Whether the trial court erred by permitting the State to elicit expert opinions that were impermissibly intrusive.
4.     Whether the trial court erred by refusing to allow the defendant to present additional instances of alleged child abuse committed by a potential third-party perpetrator.
5.     Whether the trial court erred by failing to grant the defendant’s motion for judgment of acquittal.
6.     Whether this Court has jurisdiction to consider the issues presented in the State’s notice of review.

10:00 a.m.: #28174, Montana-Dakota Utilities & Otter Tail Power Company v. Parkshill Farms, L.L.C., et al.
Issues:
1.     Whether the utilities can take easements by right of eminent domain.
2.     Whether duration of the easements must be limited to the duration of the public’s right of use if they are taken by right of eminent domain.
3.     Whether the duration of the easements must be limited to 99 years if they are taken by right of eminent domain.
4.     Whether the circuit court should have instructed the jury to consider the most injurious use of the easements that is reasonably possible.

11:00 a.m.: #28067, Jensen v. Menard, Inc.
Issues:
1.     Whether the trial court erred by granting Jensen’s motion for judgment as a matter of law on Menard’s affirmative defense of assumption of the risk.
2.     Whether the trial court erred by refusing to instruct the jury on Menard’s affirmative defense of assumption of the risk.

October 3, 2017, Oral Arguments

9:00 a.m.: #28041, South Dakota v. Hemminger.
Issues:
1.     Whether the trial court erred by admitting evidence related to a DNA sample and several items taken from the defendant at the hospital at trial.
2.     Whether the trial court erred by admitting evidence located at a third-party’s residence at trial.
3.     Whether the introduction into evidence at trial of twenty-six autopsy photos unfairly prejudiced the jury.
4.     Whether the trial court erred by denying a motion for new trial when the prosecutor improperly shifted the burden during closing argument.
5.     Whether the evidence was sufficient to support the jury’s verdict.
6.     Whether the cumulative effect of the trial court’s errors deprived the defendant of his constitutional right to a fair trial.

10:00 a.m.: #28086, South Dakota v. Draskovich.
Issue:  Whether the defendant’s statements that formed the basis of his convictions of threatening a judicial officer and disorderly conduct were protected speech under the First and Fourteenth Amendments to the United States Constitution.

11:00 a.m.: #28234, 28239, 28252, McDowell v. Sapienza & City of Sioux Falls.
Issues:
1.     Whether the trial court erred by holding that ARSD 24:52:07:04 applies to the Sapienza home.
2.     Whether the trial court erred by holding that International Residential Code § R1003.9 is a setback requirement applicable to the Sapienza home.
3.     Whether the trial court erred in its analysis of the factors relevant to claims for injunctive relief, including the fourth factor identified by the South Dakota Supreme Court, namely whether “[i]n balancing the equities, is a hardship to be suffered by the enjoined party . . . disproportionate to the . . . benefit to be gained by the injured party?”
4.     Whether the trial court entered findings of fact and conclusions of law sufficient to allow for a meaningful appellate review.
5.     Whether the trial court erred by precluding the Sapienzas’ affirmative defense of laches.
6.     Whether the trial court erred by precluding the Sapienzas’ affirmative defense of assumption of the risk.

October 4, 2017, Oral Arguments

9:00 a.m.: #28063, South Dakota v. Bertram.
Issues:
1.     Whether the defendant’s Sixth Amendment rights were violated by the trial court’s refusal to admit polygraph results during cross-examination of a State witness.
2.     Whether the trial court erred by admitting other acts evidence.

10:00 a.m.:  #28095, Schott & Corson County Feeders, Inc. v. South Dakota Wheat Growers’ Association.
Issue: Whether the trial court erred by finding that the plaintiffs had assumed the risk of damage to their sunflower crop.

11:00 a.m.: #28050, In the Matter of the Guardianship and Conservatorship of Dean A. Nelson.
Issue: Whether the circuit court abused its discretion or otherwise erred by approving a revised estate plan proposed by the conservator and approved by the protected person under SDCL 29A-5-420.

Non-Oral Calendar

On October 2, 2017, the Court will also be considered the following cases on their briefs:
–        #27835, Christopher Howlett v. Karlyn Stellingwerf  & Amber Stellingwerf
–        #27953, Basil O’Day & Tracy McClure v. Stephen Nanton, M.D.
–        #28026, South Dakota v. Anthony Kennan Sharp
–        #28048, Laura Coloni v. John Coloni & Bryan Springer
–        #28068, Estate of Wayne Kenneth Ducheneaux v. Douglas D. Ducheneaux
–        #28083, Guardianship & Convervatorship of Mary D. Novotny, Also Known as Mary Novotny
–        #28140, South Dakota v. Lester J. Oquendo Cedeno
–        #28141, South Dakota v. Adam J. Beynon
–        #28158, In the Matter of the Adoption of the Child Known as J.Q.P.
–        #28173, Croell Redi-Mix, Inc. v. Pennington County Board of Commissioners, et al.