Here is the opinion in Hoffman v. Hollow Horn.

Here is the opinion in Hoffman v. Hollow Horn.

Here is the opinion in Pickerel Lake Outlet Association v. Day County:
Briefs here.
Here are the materials in Pickerel Lake Outlet Association v. Day County, South Dakota:
Here is the opinion in Chase Alone v. Brunsch, Inc.:
Here is the opinion in Stathis v. Marty Indian School:
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.
You must be logged in to post a comment.