State Supreme court will hear arguments here on March 19-21 Chief Justice of the South Dakota Supreme Court, Robert A. Miller announced on March 5 that the Supreme Court will hold its March 2001 term at The University of South Dakota School of Law. The court will be in session March 19-21.
The court will hear oral argument in three cases each day. Court will begin at 9 a.m. and cases will commence on the hour. The session will be held in the Law School courtroom.
Booklets containing a schedule of the cases to be heard and a short synopsis of each case, as well as biographical information about the Justices and a short summary of appellate procedure will be available for persons attending any of the court's sessions.
In addition to the nine cases scheduled for oral argument during the March term, there are 12 cases on the court's non-oral calendar. The court will consider those cases without oral arguments each day. The court will also hold a special rules hearing on March 20 at 1:30 p.m.
Traditionally, the court holds one of its spring terms at the USD Law School. Chief Justice Miller extends a special invitation to the residents of Vermillion and area communities to attend any of the court's sessions.
The session schedule includes:
Monday, March 19
State v. Machmuller: The defendant was convicted of driving under the influence and second offense DUI. The circuit court affirmed the conviction on appeal. Defendant now appeals two decisions of the magistrate court.
Pettry v. Rapid City Area School District: Pettry attended her son's basketball game at Canyon Lake Elementary School in Rapid City. Unable to find a parking space, she parked her car on the school's graveled playground area and walked to the gymnasium on packed snow and ice. On her way out of the game, she slipped and fell on the snow, injuring her head. She claims that since the fall she has experienced pain and discomfort including headaches that interfere with her ability to perform her job. She sued the school district claiming it was negligent in maintaining school grounds. The lower court granted summary judgement in favor of the school district and Pettry appeals, claiming that questions of fact exist that should have been submitted to a jury.
SDDS, Inc. v. State of South Dakota: This appeal is the latest chapter in over a decade of litigation surrounding the placement of a solid waste disposal facility near Edgemont.
Tuesday March 20
State v. Guthrie; Christians v. Christians, two different appeals from a divorce action;
Wednesday, March 21
State of South Dakota ex re. Le Compte v. Keckler; Meier v. McCord, a case about a car accident and settlements; andHarris v. Riggenbach v. Cline: Harris and his ex-wife, Riggenbach, were involved in a custody dispute during which Riggenbach signed an affidavit alleging that Harris had physically and sexually abused his son. Later proceedings proved the allegations unfounded and Harris sued Riggenbach, alleging the statements in the affidavit were defamatory. Riggenbach sued Cline, her attorney in the custody action, for contribution. Riggenbach alleges that she told Cline the statements were too strong but that Cline pressured her to sign it. Harris later amended his complaint to include negligence, defamation and negligent infliction of emotional distress claims against Cline. The trial court entered summary judgement in favor of Cline and Harris appeals. The issues raised on appeal are 1) whether the circuit court erred in finding Cline's actions were privileged as a matter of law, 2) whether the circuit court erred in dismissing Harris' claim for negligence, finding that Cline owed no duty to Harris, and 3) whether the circuit court erred in dismissing Harris' claim for negligent infliction of emotional distress because Harris failed to show physical injury.