15 South Dakota opinions name it 1 courts 1985–2023 1 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 |
|---|---|---|
Rhines v. Webergreen2 sentences2000Rhines v. Weber, 2000 SD 19, ¶ 15 , 608 N.W.2d 303, 307 (citing Siers v. Class, 1998 SD 77, ¶ 12 , 581 N.W.2d 491, 495 )(other citations omitted). 2000Rhines v. Weber, 2000 SD 19, ¶ 15 , 608 N.W.2d 303, 307 (citing Siers v. Class, 1998 SD 77, ¶ 12 , 581 N.W.2d 491, 495 )(other citations omitted). | 2 | 2 |
Wagner v. Brownleegreen1 sentence2023See Wagner, 2006 S.D. 38 , ¶ 12, 713 N.W.2d at 596 . | 1 | 1 |
Matter of Estate of Haffermangreen1 sentence2023See In re Estate of Hafferman, 442 N.W.2d 238, 241 (S.D. 1989), superseded by statute, SDCL 29A-3-720. [¶32.] However, we later concluded that the second prong of the test— requiring the attorney services to be necessary because of a fiduciary’s negligence, fraud, or inactivity—was improvidently gleaned from the Engebretson case. | 1 | 1 |
Denver Truck & Trailer Sales, Inc. v. Design & Building Services, Inc.green2 sentences2007When considering whether the assertion of jurisdiction is reasonable, this Court must consider “ ‘the burden on the defendant, the interests of the forum State, and the plaintiffs interest in obtaining relief and the interest of other states in securing the most efficient resolution of controversies.” Denver Truck, 2002 SD 127, ¶ 19 , 653 N.W.2d at 93 (quotation omitted). 2007When considering whether the assertion of jurisdiction is reasonable, this Court must consider “ ‘the burden on the defendant, the interests of the forum State, and the plaintiffs interest in obtaining relief and the interest of other states in securing the most efficient resolution of controversies.” Denver Truck, 2002 SD 127, ¶ 19 , 653 N.W.2d at 93 (quotation omitted). | 1 | 1 |
Phyle v. Leapleygreen1 sentence2000“The reasonableness of counsel’s performance is to be evaluated from counsel’s perspective at the time of the alleged error and in light of all the circumstances.” Phyle v. Leapley, 491 N.W.2d 429, 433 (S.D.1992) (quoting Kimmelman v. Morrison, 477 U.S. 365, 381 , 106 S.Ct. 2574, 2586 , 91 L.Ed.2d 305, 323 (1986)), overruled on other grounds by Hopfinger v. Leapley, 511 N.W.2d 845, 847 (S.D.1994). [¶ 15.] In regard to the second prong of the test, prejudice to the defendant, this Court must focus on whether the result of the proceeding was fundamentally unfair or unreliable, not merely on whet | 1 | 1 |
Hopfinger v. Leapleygreen2 sentences2000Siers, 1998 SD 77, ¶ 12 , 581 N.W.2d at 495 ; Sprik, 1997 SD 134, ¶22 , 572 N.W.2d at 829 ; Loop, 1996 SD 107, ¶ 15 , 554 N.W.2d at 192 ; Hopfinger, 511 N.W.2d at 847 . 2000“The reasonableness of counsel’s performance is to be evaluated from counsel’s perspective at the time of the alleged error and in light of all the circumstances.” Phyle v. Leapley, 491 N.W.2d 429, 433 (S.D.1992) (quoting Kimmelman v. Morrison, 477 U.S. 365, 381 , 106 S.Ct. 2574, 2586 , 91 L.Ed.2d 305, 323 (1986)), overruled on other grounds by Hopfinger v. Leapley, 511 N.W.2d 845, 847 (S.D.1994). [¶ 15.] In regard to the second prong of the test, prejudice to the defendant, this Court must focus on whether the result of the proceeding was fundamentally unfair or unreliable, not merely on whet | 1 | 1 |
Kimmelman v. Morrisongreen2 sentences2000“The reasonableness of counsel’s performance is to be evaluated from counsel’s perspective at the time of the alleged error and in light of all the circumstances.” Phyle v. Leapley, 491 N.W.2d 429, 433 (S.D.1992) (quoting Kimmelman v. Morrison, 477 U.S. 365, 381 , 106 S.Ct. 2574, 2586 , 91 L.Ed.2d 305, 323 (1986)), overruled on other grounds by Hopfinger v. Leapley, 511 N.W.2d 845, 847 (S.D.1994). [¶ 15.] In regard to the second prong of the test, prejudice to the defendant, this Court must focus on whether the result of the proceeding was fundamentally unfair or unreliable, not merely on whet 2000“The reasonableness of counsel’s performance is to be evaluated from counsel’s perspective at the time of the alleged error and in light of all the circumstances.” Phyle v. Leapley, 491 N.W.2d 429, 433 (S.D.1992) (quoting Kimmelman v. Morrison, 477 U.S. 365, 381 , 106 S.Ct. 2574, 2586 , 91 L.Ed.2d 305, 323 (1986)), overruled on other grounds by Hopfinger v. Leapley, 511 N.W.2d 845, 847 (S.D.1994). [¶ 15.] In regard to the second prong of the test, prejudice to the defendant, this Court must focus on whether the result of the proceeding was fundamentally unfair or unreliable, not merely on whet | 1 | 1 |
State v. Phippsgreen2 sentences1994We agree with the trial judge who stated, "I considered very strongly the presentence investigation and the psychological report that I had received, which indicated to me that this man needed to be put away for a long time to protect society." As for the second prong of the test whether Pack's sentence "shocks the conscience of men generally"we have stated that "[p]ublic intent is reflected in the legislative acts defining the permissible punishment for specific crimes." State v. Phipps, 318 N.W.2d 128, 132 (S.D.1982) appeal dismissed, 406 N.W.2d 146 (S.D.1987). 1994We agree with the trial judge who stated, “I considered very strongly the presentence investigation and the psychological report that I had received, which indicated to me that this man needed to be put away for a long time to protect society.” As for the second prong of the test — • whether Pack’s sentence “shocks the conscience of men generally” — we have stated that “[pjublic intent is reflected in the legislative acts defining the permissible punishment for specific crimes.” State v. Phipps, 318 N.W.2d 128, 132 (S.D.1982) appeal dismissed, 406 N.W.2d 146 (S.D.1987). | 1 | 1 |
In Re Bamberger's Estategreen1 sentence1989This activity gave rise to the circumstances which would support an allowance for fees and expenses[.] Bamberger, supra, 108 N.W.2d at 53. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences1997SABERS, Justice (concurring in result). [¶ 67.] I concur in result on the basis that the petitioner failed to establish prejudice sufficient to satisfy the second prong of the test set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 1997SABERS, Justice (concurring in result). [¶ 67.] I concur in result on the basis that the petitioner failed to establish prejudice sufficient to satisfy the second prong of the test set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 3 | 1993–2009 |
Siers v. Class
green
2 sentences2000Rhines v. Weber, 2000 SD 19, ¶ 15 , 608 N.W.2d 303, 307 (citing Siers v. Class, 1998 SD 77, ¶ 12 , 581 N.W.2d 491, 495 )(other citations omitted). 2000Rhines v. Weber, 2000 SD 19, ¶ 15 , 608 N.W.2d 303, 307 (citing Siers v. Class, 1998 SD 77, ¶ 12 , 581 N.W.2d 491, 495 )(other citations omitted). | 3 | 2000–2000 |
Americana Healthcare Center v. Randall
green
2 sentences1999Therefore, the statute applies equally to all and does not arbitrarily classify those subject to it. 11 [¶49.] “The second prong of the test requires a rational relationship between this classification and some legitimate state interest.” Americana, 513 N.W.2d at 573 . 1999Therefore, the statute applies equally to all and does not arbitrarily classify those subject to it. [11] [¶ 49.] "The second prong of the test requires a rational relationship between this classification and some legitimate state interest." Americana, 513 N.W.2d at 573 . | 2 | 1999–1999 |
Sprik v. Class
green
2 sentences2000Siers, 1998 SD 77, ¶ 12 , 581 N.W.2d at 495 ; Sprik, 1997 SD 134, ¶22 , 572 N.W.2d at 829 ; Loop, 1996 SD 107, ¶ 15 , 554 N.W.2d at 192 ; Hopfinger, 511 N.W.2d at 847 . 2000Siers, 1998 SD 77, ¶ 12 , 581 N.W.2d at 495 ; Sprik, 1997 SD 134, ¶22 , 572 N.W.2d at 829 ; Loop, 1996 SD 107, ¶ 15 , 554 N.W.2d at 192 ; Hopfinger, 511 N.W.2d at 847 . | 1 | 2000–2000 |
Loop v. Class
green
2 sentences2000Siers, 1998 SD 77, ¶ 12 , 581 N.W.2d at 495 ; Sprik, 1997 SD 134, ¶22 , 572 N.W.2d at 829 ; Loop, 1996 SD 107, ¶ 15 , 554 N.W.2d at 192 ; Hopfinger, 511 N.W.2d at 847 . 2000Siers, 1998 SD 77, ¶ 12 , 581 N.W.2d at 495 ; Sprik, 1997 SD 134, ¶22 , 572 N.W.2d at 829 ; Loop, 1996 SD 107, ¶ 15 , 554 N.W.2d at 192 ; Hopfinger, 511 N.W.2d at 847 . | 1 | 2000–2000 |
State v. Iron Thunder
green
1 sentence1998Abdo, 518 N.W.2d at 225 (citing Iron Thunder, 272 N.W.2d at 301 ). [¶ 25.] 3. | 1 | 1998–1998 |
State v. Abdo
green
1 sentence1998Abdo, 518 N.W.2d at 225 (citing Iron Thunder, 272 N.W.2d at 301 ). [¶ 25.] 3. | 1 | 1998–1998 |
State v. Phipps
green
2 sentences1994We agree with the trial judge who stated, "I considered very strongly the presentence investigation and the psychological report that I had received, which indicated to me that this man needed to be put away for a long time to protect society." As for the second prong of the test whether Pack's sentence "shocks the conscience of men generally"we have stated that "[p]ublic intent is reflected in the legislative acts defining the permissible punishment for specific crimes." State v. Phipps, 318 N.W.2d 128, 132 (S.D.1982) appeal dismissed, 406 N.W.2d 146 (S.D.1987). 1994We agree with the trial judge who stated, “I considered very strongly the presentence investigation and the psychological report that I had received, which indicated to me that this man needed to be put away for a long time to protect society.” As for the second prong of the test — • whether Pack’s sentence “shocks the conscience of men generally” — we have stated that “[pjublic intent is reflected in the legislative acts defining the permissible punishment for specific crimes.” State v. Phipps, 318 N.W.2d 128, 132 (S.D.1982) appeal dismissed, 406 N.W.2d 146 (S.D.1987). | 1 | 1994–1994 |
National Labor Relations Board v. Greater Kansas City Roofing the New Greater Kansas City Roofing, Inc. Maude Clementine Clarke
green
2 sentences1994Greater Kansas City Roofing, 2 F.3d at 1053 . 1994Greater Kansas City Roofing, 2 F.3d at 1053 . | 1 | 1994–1994 |
Western & Southern Life Ins. Co. v. State Bd. of Equalization of Cal.
green
2 sentences1985The Court went on to find the second prong of the test satisfied, holding: [W]hether in fact the provision will accomplish its objectives is not the question: the Equal Protection Clause is satisfied if we conclude that the California Legislature rationally could have believed that the retaliatory tax would promote its objective. 451 U.S. at 671-72 , 101 S.Ct. at 2085 , 68 L.Ed.2d at 533 . 1985The Court went on to find the second prong of the test satisfied, holding: [W]hether in fact the provision will accomplish its objectives is not the question: the Equal Protection Clause is satisfied if we conclude that the California Legislature rationally could have believed that the retaliatory tax would promote its objective. 451 U.S. at 671-72 , 101 S.Ct. at 2085 , 68 L.Ed.2d at 533 . | 1 | 1985–1985 |
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.