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15 South Dakota opinions name it 1 courts 1990–2026 4 in the last five years
The cases below were cited by South Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Kumho Tire Co. v. Carmichaelgreen2 sentences2026Huber, 2010 S.D. 63 , ¶ 25, 789 N.W.2d at 290–91 (quoting Guthrie, 2001 S.D. 61 , ¶ 35, 627 N.W.2d at 416 ). [¶44.] Though helpful, this list of factors “neither necessarily nor exclusively applies to all experts or in every case.” Lemler, 2009 S.D. 86 , ¶ 24, 774 N.W.2d at 280 (quoting Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 141 (1999)). 2026Huber, 2010 S.D. 63 , ¶ 25, 789 N.W.2d at 290–91 (quoting Guthrie, 2001 S.D. 61 , ¶ 35, 627 N.W.2d at 416 ). [¶44.] Though helpful, this list of factors “neither necessarily nor exclusively applies to all experts or in every case.” Lemler, 2009 S.D. 86 , ¶ 24, 774 N.W.2d at 280 (quoting Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 141 (1999)). | 2 | 2 |
Oelrichs School District 23-3 v. Sidesgreen2 sentences2015See Sides, 1997 S.D. 55 , ¶ 28, 562 N.W.2d at 913 (“[Economic factors, in conjunction with other relevant factors, are a valid consideration by the school board in considering a petition.”); Shumaker, 322 N.W.2d at 871 (enumerating for the first time the above five factors as a subset of a larger list of relevant facts). 2015See Sides, 1997 S.D. 55 , ¶ 28, 562 N.W.2d at 913 (“[E]conomic factors, in conjunction with other relevant factors, are a valid 2. | 2 | 2 |
In Re Property Seized From Terrellgreen2 sentences2014The list of factors is not exhaustive and, “in weighing these factors, mathematical exactitude in the analysis is not required.” One 1995 Silver Jeep Grand Cherokee, 2006 S.D. 29 , ¶ 8, 712 N.W.2d at 650 (quoting In re Property Seized from Terrell, 639 N.W.2d 18, 21 (Iowa 2002)) (internal quotation marks omitted); see also Lockyer, 538 U.S. at 72 , 123 S.Ct. at 1173 (acknowledging that the United States Supreme Court “cases exhibit a lack of clarity regarding what factors may indicate gross disproportionality”). [¶ 13.] One of the primary considerations for assessing gross disproportion-ality 2014The list of factors is not exhaustive and, “in weighing these factors, mathematical exactitude in the analysis is not required.” One 1995 Silver Jeep Grand Cherokee, 2006 S.D. 29 , ¶ 8, 712 N.W.2d at 650 (quoting In re Property Seized from Terrell, 639 N.W.2d 18, 21 (Iowa 2002)) (internal quotation marks omitted); see also Lockyer, 538 U.S. at 72 , 123 S. Ct. at 1173 (acknowledging that the United States Supreme Court “cases exhibit a lack of clarity regarding what factors may indicate gross disproportionality”). [¶13.] One of the primary considerations for assessing gross disproportionality s | 2 | 2 |
Lockyer v. Andradegreen2 sentences2014The list of factors is not exhaustive and, “in weighing these factors, mathematical exactitude in the analysis is not required.” One 1995 Silver Jeep Grand Cherokee, 2006 S.D. 29 , ¶ 8, 712 N.W.2d at 650 (quoting In re Property Seized from Terrell, 639 N.W.2d 18, 21 (Iowa 2002)) (internal quotation marks omitted); see also Lockyer, 538 U.S. at 72 , 123 S.Ct. at 1173 (acknowledging that the United States Supreme Court “cases exhibit a lack of clarity regarding what factors may indicate gross disproportionality”). [¶ 13.] One of the primary considerations for assessing gross disproportion-ality 2014The list of factors is not exhaustive and, “in weighing these factors, mathematical exactitude in the analysis is not required.” One 1995 Silver Jeep Grand Cherokee, 2006 S.D. 29 , ¶ 8, 712 N.W.2d at 650 (quoting In re Property Seized from Terrell, 639 N.W.2d 18, 21 (Iowa 2002)) (internal quotation marks omitted); see also Lockyer, 538 U.S. at 72 , 123 S.Ct. at 1173 (acknowledging that the United States Supreme Court “cases exhibit a lack of clarity regarding what factors may indicate gross disproportionality”). [¶ 13.] One of the primary considerations for assessing gross disproportion-ality | 2 | 2 |
State v. One 1995 Silver Jeep Grand Cherokee, Vin 1J4GZ78Y4SC548019green2 sentences2014The list of factors is not exhaustive and, “in weighing these factors, mathematical exactitude in the analysis is not required.” One 1995 Silver Jeep Grand Cherokee, 2006 S.D. 29 , ¶ 8, 712 N.W.2d at 650 (quoting In re Property Seized from Terrell, 639 N.W.2d 18, 21 (Iowa 2002)) (internal quotation marks omitted); see also Lockyer, 538 U.S. at 72 , 123 S.Ct. at 1173 (acknowledging that the United States Supreme Court “cases exhibit a lack of clarity regarding what factors may indicate gross disproportionality”). [¶ 13.] One of the primary considerations for assessing gross disproportion-ality 2014The list of factors is not exhaustive and, “in weighing these factors, mathematical exactitude in the analysis is not required.” One 1995 Silver Jeep Grand Cherokee, 2006 S.D. 29 , ¶ 8, 712 N.W.2d at 650 (quoting In re Property Seized from Terrell, 639 N.W.2d 18, 21 (Iowa 2002)) (internal quotation marks omitted); see also Lockyer, 538 U.S. at 72 , 123 S. Ct. at 1173 (acknowledging that the United States Supreme Court “cases exhibit a lack of clarity regarding what factors may indicate gross disproportionality”). [¶13.] One of the primary considerations for assessing gross disproportionality s | 2 | 2 |
Jenco, Inc. v. United Fire Groupgreen1 sentence2025But, in many ways, these factors are eminently practical.” Id. ¶ 41. -12- #31024 [¶27.] In Jenco, Inc. v. United Fire Group, we upheld the circuit court’s dismissal for failure to prosecute where there had been “no settlement negotiations, no discovery, or exchange of pleadings, or any agreements between parties or counsel [to justify] the delay.” 2003 S.D. 79 , ¶ 11, 666 N.W.2d 763, 766 (emphasis added). | 1 | 1 |
In Re Estate of Smidgreen2 sentences2022See id. ¶¶ 22–23, 756 N.W.2d at 8–9. 2022See id. ¶¶ 22–23, 756 N.W.2d at 8–9. | 1 | 1 |
Shumaker v. Canova School District No. 48-1green1 sentence2015See Sides, 1997 S.D. 55 , ¶ 28, 562 N.W.2d at 913 (“[Economic factors, in conjunction with other relevant factors, are a valid consideration by the school board in considering a petition.”); Shumaker, 322 N.W.2d at 871 (enumerating for the first time the above five factors as a subset of a larger list of relevant facts). | 1 | 1 |
Helen L. Huff, Administratrix of the Estate of Jessee Huff, Deceased, Cross-Appellant v. White Motor Corporation, Cross-Appelleegreen2 sentences2000If a child has the capacity to remember at trial, and to relate at trial, he probably had those same capacities at the time of the earlier hearsay statement." Id. n.150. [16] This list of factors is generally only necessary to an analysis of whether the proffered hearsay possesses "the circumstantial guarantees of trustworthiness of the hearsay offered under the residual exception are `equivalent' to the guarantees that justify the specific exceptions." Doe, 976 F.2d at 1075 (citing Huff v. White Motor Corp., 609 F.2d 286, 293 (7th Cir.1979)). 2000This list of factors is generally only necessary to an analysis of whether the proffered hearsay possesses "the circumstantial guarantees of trustworthiness of the hearsay offered under the residual exception are ‘equivalent’ to the guarantees that justify the specific exceptions.” Doe, 976 F.2d at 1075 (citing Huff v. White Motor Corp., 609 F.2d 286, 293 (7th Cir.1979)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
State v. Quattrocchigreen1 sentence2000But see, Gruca v. Alpha Therapeutic Corp., 51 F.3d 638, 643 (7th Cir. 1995) (holding that the lower court "abdicated its responsibility under Rule 104(a) by failing to conduct a preliminary assessment of the admissibility of the plaintiff's expert testimony" before permitting the plaintiff's expert to testify, where the trial court expressly declined to rule on the defendant's challenge to the admissibility of such testimony, and instead directed a verdict in favor of defendants); State v. Quattrocchi, 681 A.2d 879, 884 (R.I.1996) (stating that a preliminary examination out of the presence of | 1 | 1 |
Gruca v. Alpha Therapeutic Corp.green1 sentence2000But see, Gruca v. Alpha Therapeutic Corp., 51 F.3d 638, 643 (7th Cir. 1995) (holding that the lower court "abdicated its responsibility under Rule 104(a) by failing to conduct a preliminary assessment of the admissibility of the plaintiff's expert testimony" before permitting the plaintiff's expert to testify, where the trial court expressly declined to rule on the defendant's challenge to the admissibility of such testimony, and instead directed a verdict in favor of defendants); State v. Quattrocchi, 681 A.2d 879, 884 (R.I.1996) (stating that a preliminary examination out of the presence of | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
State v. Guthrie
green
2 sentences2026Huber, 2010 S.D. 63 , ¶ 25, 789 N.W.2d at 290–91 (quoting Guthrie, 2001 S.D. 61 , ¶ 35, 627 N.W.2d at 416 ). [¶44.] Though helpful, this list of factors “neither necessarily nor exclusively applies to all experts or in every case.” Lemler, 2009 S.D. 86 , ¶ 24, 774 N.W.2d at 280 (quoting Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 141 (1999)). 2026Huber, 2010 S.D. 63 , ¶ 25, 789 N.W.2d at 290–91 (quoting Guthrie, 2001 S.D. 61 , ¶ 35, 627 N.W.2d at 416 ). [¶44.] Though helpful, this list of factors “neither necessarily nor exclusively applies to all experts or in every case.” Lemler, 2009 S.D. 86 , ¶ 24, 774 N.W.2d at 280 (quoting Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 141 (1999)). | 2 | 2026–2026 |
State v. Lemler
green
2 sentences2026Huber, 2010 S.D. 63 , ¶ 25, 789 N.W.2d at 290–91 (quoting Guthrie, 2001 S.D. 61 , ¶ 35, 627 N.W.2d at 416 ). [¶44.] Though helpful, this list of factors “neither necessarily nor exclusively applies to all experts or in every case.” Lemler, 2009 S.D. 86 , ¶ 24, 774 N.W.2d at 280 (quoting Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 141 (1999)). 2026Huber, 2010 S.D. 63 , ¶ 25, 789 N.W.2d at 290–91 (quoting Guthrie, 2001 S.D. 61 , ¶ 35, 627 N.W.2d at 416 ). [¶44.] Though helpful, this list of factors “neither necessarily nor exclusively applies to all experts or in every case.” Lemler, 2009 S.D. 86 , ¶ 24, 774 N.W.2d at 280 (quoting Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 141 (1999)). | 2 | 2026–2026 |
State v. Huber
green
2 sentences2026Huber, 2010 S.D. 63 , ¶ 25, 789 N.W.2d at 290–91 (quoting Guthrie, 2001 S.D. 61 , ¶ 35, 627 N.W.2d at 416 ). [¶44.] Though helpful, this list of factors “neither necessarily nor exclusively applies to all experts or in every case.” Lemler, 2009 S.D. 86 , ¶ 24, 774 N.W.2d at 280 (quoting Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 141 (1999)). 2026Huber, 2010 S.D. 63 , ¶ 25, 789 N.W.2d at 290–91 (quoting Guthrie, 2001 S.D. 61 , ¶ 35, 627 N.W.2d at 416 ). [¶44.] Though helpful, this list of factors “neither necessarily nor exclusively applies to all experts or in every case.” Lemler, 2009 S.D. 86 , ¶ 24, 774 N.W.2d at 280 (quoting Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 141 (1999)). | 2 | 2026–2026 |
Graham v. Florida
green
2 sentences2014See One 1995 Silver Jeep Grand Cherokee, 2006 S.D. 29 , ¶ 8, 712 N.W.2d at 651 (stating that “[c]riminal fines ... reflect judgments made by the legislature about the appropriate punishment for an offense”); Graham v. Florida, 560 U.S. 48, 71 , 130 S.Ct. 2011, 2028 , 176 L.Ed.2d 825 (2010) (recognizing that “[cjriminal punishment can have different goals, and choosing among them is within a legislature’s discretion”); United States v. Bajakajian, 524 U.S. 321, 336 , 118 S.Ct. 2028, 2037 , 141 L.Ed.2d 314 (1998) (acknowledging that “judgments about the appropriate punishment for an *175 offense 2014See One 1995 Silver Jeep Grand Cherokee, 2006 S.D. 29 , ¶ 8, 712 N.W.2d at 651 (stating that “[c]riminal fines ... reflect judgments made by the legislature about the appropriate punishment for an offense”); Graham v. Florida, 560 U.S. 48, 71 , 130 S.Ct. 2011, 2028 , 176 L.Ed.2d 825 (2010) (recognizing that “[cjriminal punishment can have different goals, and choosing among them is within a legislature’s discretion”); United States v. Bajakajian, 524 U.S. 321, 336 , 118 S.Ct. 2028, 2037 , 141 L.Ed.2d 314 (1998) (acknowledging that “judgments about the appropriate punishment for an *175 offense | 2 | 2014–2014 |
Morris v. Nance
green
2 sentences1998Morris, 888 P2d at 575 . 1998Morris, 888 P.2d at 575 . | 2 | 1998–1998 |
State v. Wright
green
1 sentence2020Those include: “(1) the use of a lethal weapon; (2) the manner and nature of the killing; (3) the defendant’s actions before and after the murder; and (4) whether there was provocation.” State v. Wright, 2009 S.D. 51 , ¶ 60, 768 N.W.2d 512, 532 . “[D]irect proof of deliberation and premeditation is not necessary. | 1 | 2020–2020 |
Solem v. Helm
red
2 sentences2014See One 1995 Silver Jeep Grand Cherokee, 2006 S.D. 29 , ¶ 8, 712 N.W.2d at 651 (stating that “[c]riminal fines ... reflect judgments made by the legislature about the appropriate punishment for an offense”); Graham v. Florida, 560 U.S. 48, 71 , 130 S.Ct. 2011, 2028 , 176 L.Ed.2d 825 (2010) (recognizing that “[cjriminal punishment can have different goals, and choosing among them is within a legislature’s discretion”); United States v. Bajakajian, 524 U.S. 321, 336 , 118 S.Ct. 2028, 2037 , 141 L.Ed.2d 314 (1998) (acknowledging that “judgments about the appropriate punishment for an *175 offense 2014See One 1995 Silver Jeep Grand Cherokee, 2006 S.D. 29 , ¶ 8, 712 N.W.2d at 651 (stating that “[c]riminal fines ... reflect judgments made by the legislature about the appropriate punishment for an offense”); Graham v. Florida, 560 U.S. 48, 71 , 130 S.Ct. 2011, 2028 , 176 L.Ed.2d 825 (2010) (recognizing that “[cjriminal punishment can have different goals, and choosing among them is within a legislature’s discretion”); United States v. Bajakajian, 524 U.S. 321, 336 , 118 S.Ct. 2028, 2037 , 141 L.Ed.2d 314 (1998) (acknowledging that “judgments about the appropriate punishment for an *175 offense | 1 | 2014–2014 |
United States v. Bajakajian
red
2 sentences2014See One 1995 Silver Jeep Grand Cherokee, 2006 S.D. 29 , ¶ 8, 712 N.W.2d at 651 (stating that “[c]riminal fines ... reflect judgments made by the legislature about the appropriate punishment for an offense”); Graham v. Florida, 560 U.S. 48, 71 , 130 S.Ct. 2011, 2028 , 176 L.Ed.2d 825 (2010) (recognizing that “[cjriminal punishment can have different goals, and choosing among them is within a legislature’s discretion”); United States v. Bajakajian, 524 U.S. 321, 336 , 118 S.Ct. 2028, 2037 , 141 L.Ed.2d 314 (1998) (acknowledging that “judgments about the appropriate punishment for an *175 offense 2014See One 1995 Silver Jeep Grand Cherokee, 2006 S.D. 29 , ¶ 8, 712 N.W.2d at 651 (stating that “[c]riminal fines ... reflect judgments made by the legislature about the appropriate punishment for an offense”); Graham v. Florida, 560 U.S. 48, 71 , 130 S.Ct. 2011, 2028 , 176 L.Ed.2d 825 (2010) (recognizing that “[cjriminal punishment can have different goals, and choosing among them is within a legislature’s discretion”); United States v. Bajakajian, 524 U.S. 321, 336 , 118 S.Ct. 2028, 2037 , 141 L.Ed.2d 314 (1998) (acknowledging that “judgments about the appropriate punishment for an *175 offense | 1 | 2014–2014 |
Gulf Oil Corp. v. Gilbert
red
2 sentences2003The United Stated Supreme Court, in the case Gulf Oil v. Gilbert, 330 U.S. 501 , 67 S.Ct. 839 , 91 L.Ed. 1055 (1947), enumerated a list of factors which must be considered in ruling on motions predicated on the doctrine of forum non conveniens. 2003The United Stated Supreme Court, in the case Gulf Oil v. Gilbert, 330 U.S. 501 , 67 S.Ct. 839 , 91 L.Ed. 1055 (1947), enumerated a list of factors which must be considered in ruling on motions predicated on the doctrine of forum non conveniens. | 1 | 2003–2003 |
Piper Aircraft Co. v. Reyno
green
2 sentences2003“To guide trial court discretion, the Court provided a list of ‘private interest factors’ affecting the convenience of the litigants, and a list of ‘public interest factors’ affecting the convenience of the forum.” Piper Aircraft, 454 U.S. at 241 , 102 S.Ct. 252 (citing Gilbert, 330 U.S. at 508-509 , 67 S.Ct. 839 ). [¶ 11.] The factors set forth in Gilbert pertaining to the private interests of the litigant include: the “relative ease of access to sources of proof; availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing, witnesses; possib 2003“To guide trial court discretion, the Court provided a list of ‘private interest factors’ affecting the convenience of the litigants, and a list of ‘public interest factors’ affecting the convenience of the forum.” Piper Aircraft, 454 U.S. at 241 , 102 S.Ct. 252 (citing Gilbert, 330 U.S. at 508-509 , 67 S.Ct. 839 ). [¶ 11.] The factors set forth in Gilbert pertaining to the private interests of the litigant include: the “relative ease of access to sources of proof; availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing, witnesses; possib | 1 | 2003–2003 |
John Doe, Cross-Appellants v. United States of America, Cross-Appellee
green
2 sentences2000If a child has the capacity to remember at trial, and to relate at trial, he probably had those same capacities at the time of the earlier hearsay statement." Id. n.150. [16] This list of factors is generally only necessary to an analysis of whether the proffered hearsay possesses "the circumstantial guarantees of trustworthiness of the hearsay offered under the residual exception are `equivalent' to the guarantees that justify the specific exceptions." Doe, 976 F.2d at 1075 (citing Huff v. White Motor Corp., 609 F.2d 286, 293 (7th Cir.1979)). 2000This list of factors is generally only necessary to an analysis of whether the proffered hearsay possesses "the circumstantial guarantees of trustworthiness of the hearsay offered under the residual exception are ‘equivalent’ to the guarantees that justify the specific exceptions.” Doe, 976 F.2d at 1075 (citing Huff v. White Motor Corp., 609 F.2d 286, 293 (7th Cir.1979)). | 1 | 2000–2000 |
Daubert v. Merrell Dow Pharmaceuticals, Inc.
green
2 sentences2000Daubert, 509 U.S. at 593-94 , 113 S.Ct. at 2796-97 , 125 L.Ed.2d at 482-83 . [15] The statute at issue here is the 1990 version of SDCL 23A-27A-1(6), which provided in part: [I]n all cases for which the death penalty may be authorized, the judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances and any of the following aggravating circumstances which may be supported by the evidence: (6) The offense was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated battery to 2000Daubert, 509 U.S. at 593-94 , 113 S.Ct. at 2796-97 , 125 L.Ed.2d at 482-83 . [15] The statute at issue here is the 1990 version of SDCL 23A-27A-1(6), which provided in part: [I]n all cases for which the death penalty may be authorized, the judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances and any of the following aggravating circumstances which may be supported by the evidence: (6) The offense was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated battery to | 1 | 2000–2000 |
Associated Press v. Bradshaw
red
1 sentence1990Bradshaw, supra. We believe, however, that another factor should be considered. | 1 | 1990–1990 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.