South Dakota SCT Decides Quiet Title Action re: Fee Land within Cheyenne River Sioux Tribe Reservation

Here is the opinion in Hoffman v. Hollow Horn.

South Dakota SCT Declines to Grant Full Faith and Credit to Sisseton-Wahpeton Tribal Court Divorce Decree

Here is the opinion in Torgerson v. Torgerson:

South Dakota SCT Holds State Police May Investigate Violations of State Law in Indian Country

Here are the materials in State v. Cummings:

Opinion

Record + Briefs

South Dakota SCT Rejects Nonmember Challenge to County Taxing Authority on Indian Trust Lands

Here is the opinion in Pickerel Lake Outlet Association v. Day County:

Pickerel Lake Decision

Briefs here.

South Dakota SCT Affirms Dismissal of Indian Education Claims

Here is the opinion in Black Bear v. Mid-Central Educational Cooperative:

South Dakota SCT Briefs in Nonmember Challenge to County Taxing Authority on Indian Trust Lands

Here are the materials in Pickerel Lake Outlet Association v. Day County, South Dakota:

briefs-lower-court-materials.pdf

South Dakota SCT Dismisses Tort Claim Arising on Pine Ridge

Here is the opinion in Chase Alone v. Brunsch, Inc.:

opinion-2.pdf

South Dakota SCT Affirms Dismissal of State Court Action against Marty Indian School

Here is the opinion in Stathis v. Marty Indian School:

stathis-v-marty-indian-school.pdf

South Dakota Supreme Court Denies Transfer to Tribal Court [ICWA]

Here

The Tribe requested transfer and the child’s attorney objected. The trial court did not allow testimony regarding bonding and attachment from the child’s doctor. The Supreme Court held

With or without the 2016 regulations, though, circuit courts need the benefit of a sufficiently developed record to assist in the good cause determination. See A.O., 2017 S.D. 30, ¶ 13, 896 N.W.2d at 656; In re M.C., 504 N.W.2d 598, 601 (S.D. 1993). In both A.O. and M.C., we held that the circuit court should have conducted an evidentiary hearing before determining the motion to transfer jurisdiction. In the absence of a developed record, we are unable to conduct meaningful appellate review concerning the merits of the parties’ claims.

[¶17.] As it relates to this case, we conclude that the circuit court abused its discretion when it granted the Tribe’s motion to transfer without hearing the testimony of the child’s physician who was present in the courtroom. Relying upon the impromptu offer of proof by Child’s counsel, the court determined that Dr.
Whitney’s testimony was categorically irrelevant. We disagree.

The Court reversed and remanded for an evidentiary hearing.

 

Application of ICWA to Guardianship in South Dakota Supreme Court

Here