Oyen v. Lawrence Cnty. Comm’n, 2017 SD 81.  Various landowners petitioned the Lawrence County Commission requesting that the County maintain a road providing access to their homes.  The County denied the landowners’ request.  Oyen appealed the County’s action to circuit court.  The County filed a motion to join the United States of America as an indispensable party.  The court denied the motion, finding the County responsible for the road and directing the County to provide maintenance.  The County appealed, and the Court, per Justice Severson, reversed and remanded for the circuit court to join, if feasible, the United States of America as an indispensable party.  If joinder is not possible, then the circuit court is to determine whether to dismiss the case.

State v. Humpal, 2017 SD 82.  The sentencing court imposed a five-year penitentiary term upon the defendant while he was serving a probationary sentence in a different criminal file.  The defendant appealed, arguing that the court imposed an illegal sentence when it placed him under the dual supervision of the judicial and executive branches.  On appeal, the Court, per Retired Justice Wilbur held that, although the sentencing court erred when it placed defendant under simultaneous supervision of two branches of government, defendant is currently only under the supervision of the executive branch.  His sentence was therefore affirmed.