Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | |
South Dakota Supreme Court Opinions | State v. Wilson | Citation: 2020 S.D. 41 Opinion Date: July 15, 2020 Judge: Salter Areas of Law: Criminal Law | The Supreme Court affirmed Defendant's conviction of aggravated assault (domestic), simple assault (domestic), interference with emergency communications, and disorderly conduct but remanded with instructions to issue a new judgment removing the domestic designation from Defendant's assault convictions, holding that the court lacked authority to designate the assault conviction as domestic and order payment of the statutory domestic violence fees. Specifically, the Supreme Court held (1) Defendant did not establish plain error through the admission of certain evidence; (2) Defendant did not demonstrate the existence of plain error regarding the prosecutor's closing argument; (3) the circuit court correctly denied Defendant's judgment for acquittal on the assault charges, but the assault convictions should not have been designated as domestic, and the court should not have imposed two $25 domestic violence fees for Defendant's assault convictions; and (4) Defendant did not demonstrate prejudicial error resulting from his absence at a stipulated post-judgment sentence modification meeting. | | Leedom v. Leedom | Citation: 2020 S.D. 40 Opinion Date: July 15, 2020 Judge: Jensen Areas of Law: Family Law | The Supreme Court affirmed the order of the circuit court holding that David Leedom's obligation to pay Cindy Leedom monthly alimony in the amount of $3,000 was continuing until modified by the court, that David pay Cindy the accrued alimony of $87,000, and that David's ongoing alimony obligation was $1,750 per month, holding that the circuit court did not err or abuse its discretion. In 2004, the divorce court ordered David to pay Cindy $3,000 in monthly alimony. In 2017, after he reached the age of social security eligibility, David stopped paying alimony. Cindy filed a motion to restore alimony, alleging that David was obligated to pay lifetime alimony of $3,000 monthly. The circuit court ordered David to pay the accrued alimony of $87,000 to Cindy and reduced David's ongoing alimony obligation to $1,750 per month. The Supreme Court affirmed, holding (1) the circuit court did not err by determining that the original alimony award did not terminate upon David reaching the age of social security eligibility; and (2) the circuit court did not abuse its discretion when it modified the terms of the alimony obligation. | |
|
About Justia Opinion Summaries | Justia Daily Opinion Summaries is a free service, with 68 different newsletters, covering every federal appellate court and the highest courts of all US states. | Justia also provides weekly practice area newsletters in 63 different practice areas. | All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com. | You may freely redistribute this email in whole. | About Justia | Justia is an online platform that provides the community with open access to the law, legal information, and lawyers. |
|