Tag Archives: South Dakota Supreme Court

South Dakota SCT Dismisses Tort Claim Arising on Pine Ridge

Here is the opinion in Chase Alone v. Brunsch, Inc.: opinion-2.pdf

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , ,

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

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , ,

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 … Continue reading

Posted in Research | Tagged , , , , ,

Application of ICWA to Guardianship in South Dakota Supreme Court

Here

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , ,

Placement Preferences/Active Efforts (ICWA) Case from South Dakota Supreme Court

InreMD Footnote 4: 4. We are aware of the recent decision of the United States District Court for the Northern District of Texas holding parts of ICWA, including its placement preferences, unconstitutional. Brackeen v. Zinke, No. 4:17-cvoo868-0, 2018 WL 4927908 … Continue reading

Posted in Child Welfare, ICWA | Tagged , , ,

South Dakota SCT Dismisses Appeal Challenging State Utility Approval of Keystone XL Pipeline

Here is the opinion: in re keystone xl pipeline

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research | Tagged ,

South Dakota SCT Decides Estate of Ducheneaux v. Ducheneaux II

Here: Opinion Prior opinion here.

Posted in Author: Matthew L.M. Fletcher, Research | Tagged ,

South Dakota Supreme Court Overturns Denial of Transfer to Tribal Court

Here. We agree that the court’s denial of the request to transfer was improper. It is undisputed that the circuit court refused to hold a separate evidentiary hearing on the question of good cause. And the court’s commentary on the … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , | 1 Comment

South Dakota SCT Decides Two Related Matters Involving Crow Creek Sioux Tribal Member Estate

Here are the opinions in Estate of Flaws (Tamara) and Estate of Flaws (Yvette).

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , ,

South Dakota SCT Enforces Rosebud Tribal Court Judgment Against Estate of Former Elected Official

Here is the opinion in Rosebud Sioux Tribe v. Estate of Colombe. An excerpt: An estate appealed from a circuit court’s decision to grant comity to a Rosebud Sioux Tribal Court order. The order pierced a business’s corporate veil and … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , ,