This column is the first in a two-part series. Earlier this year, the South Dakota Supreme Court found itself stuck in the middle of a religious dispute. Two factions of a Hutterite colony disagreed about their community’s direction and could not resolve their differences. The dispute resulted in two Supreme Court opinions, the most recent of which is called Wipf v. Hutterville Hutterian Bretheren, Inc., 2012 S.D. 4.Continue Reading
Why do witnesses raise their right hands and promise to tell the truth, the whole truth, so help them, God? Why do they place their left hands on a Bible? In modern times, these formalities are designed to “awaken a witness’s conscience and impress his mind with his duty to testify truthfully.” Long ago, however, oaths were taken on the superstitious belief that God would protect the truthful but punish...Continue Reading
In a 5-0 decision released last week, the South Dakota Supreme Court sided with Kevin Costner in a long-running dispute about a set of bronze, bison sculptures. The case is entitled, Peggy Detmers v. Kevin Costner and The Dunbar, Inc., 2012 S.D. 35.Continue Reading
Ten years ago, a Sturgis man was electrocuted while servicing a power line from a boom truck. He was badly injured but lived to tell about it. He and his lawyers then spent the next ten years trying to find insurance coverage to pay for his injuries and lost wages. After three different insurance companies denied coverage, his final chapter is told in a recent South Dakota Supreme Court case,...Continue Reading
A real estate agent was accused of forging her client’s signature, but it was later discovered that her client asked her to sign his name, so that he wouldn’t have to drive all the way back to her office. The resulting conflict put her real estate license in jeopardy. The case was heard on appeal in an action entitled Cheri St. Pierre v. South Dakota Real Estate Commission, 2012 S.D....Continue Reading
