14 South Dakota opinions name it 1 courts 1975–2015 0 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 |
|---|---|---|
City of Aberdeen v. Meidingergreen2 sentences1989The second part of the test is whether there is a rational relationship between the classification and some legitimate legislative purpose. 4 In Meidinger , we also said: ‘Equal protection does not require that all persons be dealt with identically, but it does require that a distinction made have some relevance to the purpose for which the classification is made.’ (Citation omitted.) Id., 89 S.D. at 416, 233 N.W.2d at 334 . 1989The second part of the test is whether there is a rational relationship between the classification and some legitimate legislative purpose. 4 In Meidinger , we also said: ‘Equal protection does not require that all persons be dealt with identically, but it does require that a distinction made have some relevance to the purpose for which the classification is made.’ (Citation omitted.) Id., 89 S.D. at 416, 233 N.W.2d at 334 . | 3 | 6 |
Dorian v. Johnsongreen2 sentences1989In Dorian v. Johnson, 297 N.W.2d 175, 178 (S.D. 1980), where the rational basis test was not appropriate, we restated the second prong thus: "The second part of the test is the application of the appropriate standard of review to this arbitrary classification.” . 1989In Dorian v. Johnson, 297 N.W.2d 175, 178 (S.D.1980), where the rational basis test was not appropriate, we restated the second prong thus: "The second part of the test is the application of the appropriate standard of review to this arbitrary classification." [5] SDCL 22-7-7 provides: When a defendant has been convicted of one or two prior felonies under the laws of this state or any other state or the United States, in addition to the principal felony, the sentence for the principal felony shall be enhanced by changing the class of the principal felony to the next class which is more severe. | 1 | 2 |
State v. Listgreen2 sentences2012We presume a judge is “impartial absent a specific and substantial showing to the contrary.” List, 2009 S.D. 73, ¶ 9 , 771 N.W.2d at 646 (citation omitted). 2012We presume a judge is “impartial absent a specific and substantial showing to the contrary.” List, 2009 S.D. 73, ¶ 9 , 771 N.W.2d at 646 (citation omitted). | 1 | 1 |
Bon Homme County Farm Bureau v. Board of Com.green2 sentences2006“A law which is general and uniform throughout the state, and operates alike upon all persons or localities which come within the relations and circumstances provided for, is not objectionable to the Constitution as wanting in uniformity.” Bon Homme County Farm Bureau v. Bd. of Com’rs of Bon Homme County, 53 S.D. 174 , 220 N.W. 618, 621 (1928). [¶ 12.] Because Kraft has not met his burden of showing that SDCL ch 9-3 creates arbitrary classifications, we need not address the second part of the test to determine if there is a rational relationship between the legislative purpose and the classifi 2006“A law which is general and uniform throughout the state, and operates alike upon all persons or localities which come within the relations and circumstances provided for, is not objectionable to the Constitution as wanting in uniformity.” Bon Homme County Farm Bureau v. Bd. of Com’rs of Bon Homme County, 53 S.D. 174 , 220 N.W. 618, 621 (1928). [¶ 12.] Because Kraft has not met his burden of showing that SDCL ch 9-3 creates arbitrary classifications, we need not address the second part of the test to determine if there is a rational relationship between the legislative purpose and the classifi | 1 | 1 |
South Dakota Physician's Health Group v. State Ex Rel. Department of Healthgreen1 sentence1992See, South Dakota Physicians Health Group v. State, 447 N.W.2d 511, 515 (S.D.1989); Lyons v. Lederle, 440 N.W.2d 769, 771 (S.D.1989); Sedlacek v. S.D. | 1 | 1 |
Lyons v. Lederle Laboratoriesgreen1 sentence1992See, South Dakota Physicians Health Group v. State, 447 N.W.2d 511, 515 (S.D.1989); Lyons v. Lederle, 440 N.W.2d 769, 771 (S.D.1989); Sedlacek v. S.D. | 1 | 1 |
State Ex Rel. Wieber v. Henningsgreen1 sentence1989Hennings , at 42 (quoting Meidinger, supra ). | 1 | 1 |
Railway Express Agency, Inc. v. New Yorkgreen2 sentences1975See Railway Express Agency v. New York, 1949, 336 U.S. 106 , 69 S.Ct. 463 , 93 L.Ed. 533 ; Schmitt v. Nord, 1947, 71 S.D. 575 , 27 N.W.2d 910 . 1975See Railway Express Agency v. New York, 1949, 336 U.S. 106 , 69 S.Ct. 463 , 93 L.Ed. 533 ; Schmitt v. Nord, 1947, 71 S.D. 575 , 27 N.W.2d 910 . | 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 |
|---|---|---|
State v. Walth
green
2 sentences2015Walth, 2011 S.D. 77, ¶ 13 , 806 N.W.2d at 626 (quoting Bowker, 2008 S.D. 61 , ¶ 27, 754 N.W.2d at 65 ). 2015Walth, 2011 S.D. 77, ¶ 13 , 806 N.W.2d at 626 (quoting Bowker, 2008 S.D. 61 , ¶ 27, 754 N.W.2d at 65 ). | 1 | 2015–2015 |
State v. Bowker
green
1 sentence2015Walth, 2011 S.D. 77, ¶ 13 , 806 N.W.2d at 626 (quoting Bowker, 2008 S.D. 61 , ¶ 27, 754 N.W.2d at 65 ). | 1 | 2015–2015 |
Dwyer v. Christensen
green
2 sentences1981Considering the jury instructions as a whole, Dwyer v. Christensen, 77 S.D. 381 , 92 N.W.2d 199 (1958), we hold that the giving of Instruction No. 8 was prejudicial error. 1981Considering the jury instructions as a whole, Dwyer v. Christensen, 77 S.D. 381 , 92 N.W.2d 199 (1958), we hold that the giving of Instruction No. 8 was prejudicial error. | 1 | 1981–1981 |
Schmitt v. Nord
green
2 sentences1975See Railway Express Agency v. New York, 1949, 336 U.S. 106 , 69 S.Ct. 463 , 93 L.Ed. 533 ; Schmitt v. Nord, 1947, 71 S.D. 575 , 27 N.W.2d 910 . 1975See Railway Express Agency v. New York, 1949, 336 U.S. 106 , 69 S.Ct. 463 , 93 L.Ed. 533 ; Schmitt v. Nord, 1947, 71 S.D. 575 , 27 N.W.2d 910 . | 1 | 1975–1975 |
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.