11 South Dakota opinions name it 1 courts 1996–2006 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 |
|---|---|---|
Sundt Corp. v. State Ex Rel. South Dakota Department of Transportationgreen2 sentences2000Buxcel v. First Fidelity Bank, 1999 SD 126, ¶ 13 , 601 N.W.2d 593, 596 (quoting Sundt Corp. v. South Dakota Dep't of Transp., 1997 SD 91, ¶ 19 , 566 N.W.2d 476, 480 (emphasis added) (citing Kuper v. Lincoln-Union Elec. 2000Buxcel v. First Fidelity Bank, 1999 SD 126, ¶ 13 , 601 N.W.2d 593, 596 (quoting Sundt Corp. v. South Dakota Dep't of Transp., 1997 SD 91, ¶ 19 , 566 N.W.2d 476, 480 (emphasis added) (citing Kuper v. Lincoln-Union Elec. | 4 | 4 |
Buxcel v. First Fidelity Bankgreen2 sentences2004“The burden of demonstrating prejudice in failure to give a proposed instruction is on the party contending error.” Id. 2000Buxcel v. First Fidelity Bank, 1999 SD 126, ¶ 13 , 601 N.W.2d 593, 596 (quoting Sundt Corp. v. South Dakota Dep't of Transp., 1997 SD 91, ¶ 19 , 566 N.W.2d 476, 480 (emphasis added) (citing Kuper v. Lincoln-Union Elec. | 1 | 2 |
State v. Shadboltgreen2 sentences2000State v. Shadbolt, 1999 SD 15, ¶ 9 , 590 N.W.2d 231 . [¶ 13.] 1. 2000State v. Shadbolt, 1999 SD 15, ¶ 9 , 590 N.W.2d 231 . [¶ 13.] 1. | 1 | 2 |
Knudson v. Hessgreen2 sentences2005Knudson v. Hess, 1996 SD 137, ¶ 6 , 556 N.W.2d 73, 75 (citing Sybesma v. Sybesma, 534 N.W.2d 355, 359 (S.D.1995)) (citation omitted). 2005Knudson v. Hess, 1996 SD 137, ¶ 6 , 556 N.W.2d 73, 75 (citing Sybesma v. Sybesma, 534 N.W.2d 355, 359 (S.D.1995)) (citation omitted). | 1 | 1 |
Sybesma v. Sybesmagreen2 sentences2005Knudson v. Hess, 1996 SD 137, ¶ 6 , 556 N.W.2d 73, 75 (citing Sybesma v. Sybesma, 534 N.W.2d 355, 359 (S.D.1995)) (citation omitted). 2005Knudson v. Hess, 1996 SD 137, ¶ 6 , 556 N.W.2d 73, 75 (citing Sybesma v. Sybesma, 534 N.W.2d 355, 359 (S.D.1995)) (citation omitted). | 1 | 1 |
Overfield v. American Underwriters Life Insurance Co.green2 sentences2002This Court has repeatedly stated that “ ‘[a] trial court must present only those instructions to the jury which are supported by competent evidence and set forth the applicable law.’ ” Overfield v. American Underwriters, 2000 SD 98, ¶ 11 , 614 N.W.2d 814, 816 (citations omitted). 2002This Court has repeatedly stated that “ ‘[a] trial court must present only those instructions to the jury which are supported by competent evidence and set forth the applicable law.’ ” Overfield v. American Underwriters, 2000 SD 98, ¶ 11 , 614 N.W.2d 814, 816 (citations omitted). | 1 | 1 |
Parker v. Casa Del Rey-Rapid City, Inc.green2 sentences2002This Court has repeatedly stated that “[a] trial court must present only those instructions to the jury which are supported by competent evidence and set forth the applicable law.” Parker v. Casa Del Rey-Rapid City, Inc., 2002 SD 29, ¶ 5 , 641 N.W.2d 112, 115 (citation omitted). [¶ 9.] In excessive punitive damages review, we have stated that we consider the following: “[Is] the verdict ... so large as to clearly indicate that it must have been given under the influence of passion or prejudice ... [?[?] ” Grynberg v. Citation Oil & Gas Corp., 1997 SD 121, ¶ 36 , 573 N.W.2d 493, 504 . 2002This Court has repeatedly stated that “[a] trial court must present only those instructions to the jury which are supported by competent evidence and set forth the applicable law.” Parker v. Casa Del Rey-Rapid City, Inc., 2002 SD 29, ¶ 5 , 641 N.W.2d 112, 115 (citation omitted). [¶ 9.] In excessive punitive damages review, we have stated that we consider the following: “[Is] the verdict ... so large as to clearly indicate that it must have been given under the influence of passion or prejudice ... [?[?] ” Grynberg v. Citation Oil & Gas Corp., 1997 SD 121, ¶ 36 , 573 N.W.2d 493, 504 . | 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 |
|---|---|---|
Kappenman v. Stroh
green
2 sentences2006An erroneous instruction is prejudicial if the party contending that the instruction is erroneous proves that in all probability the instruction "produced some effect upon the verdict and is harmful to the substantial rights of the party assigning it." Supra ¶24 (quoting Kappenman, 2005 SD 96, ¶14 , 704 NW2d at 40 ). 2006An erroneous instruction is prejudicial if the party contending that the instruction is erroneous proves that in all probability the instruction “produced some effect upon the verdict and is harmful to the substantial rights of the party assigning it.” Supra ¶ 24 (quoting Kappenman, 2005 SD 96, ¶ 14 , 704 N.W.2d at 40 ). | 1 | 2006–2006 |
Grynberg v. Citation Oil & Gas Corp.
green
2 sentences2002This Court has repeatedly stated that “[a] trial court must present only those instructions to the jury which are supported by competent evidence and set forth the applicable law.” Parker v. Casa Del Rey-Rapid City, Inc., 2002 SD 29, ¶ 5 , 641 N.W.2d 112, 115 (citation omitted). [¶ 9.] In excessive punitive damages review, we have stated that we consider the following: “[Is] the verdict ... so large as to clearly indicate that it must have been given under the influence of passion or prejudice ... [?[?] ” Grynberg v. Citation Oil & Gas Corp., 1997 SD 121, ¶ 36 , 573 N.W.2d 493, 504 . 2002This Court has repeatedly stated that “[a] trial court must present only those instructions to the jury which are supported by competent evidence and set forth the applicable law.” Parker v. Casa Del Rey-Rapid City, Inc., 2002 SD 29, ¶ 5 , 641 N.W.2d 112, 115 (citation omitted). [¶ 9.] In excessive punitive damages review, we have stated that we consider the following: “[Is] the verdict ... so large as to clearly indicate that it must have been given under the influence of passion or prejudice ... [?[?] ” Grynberg v. Citation Oil & Gas Corp., 1997 SD 121, ¶ 36 , 573 N.W.2d 493, 504 . | 1 | 2002–2002 |
Bauman v. Auch
green
1 sentence1996Id. [¶ 33.] L-U presented jury instruction number four: The mere fact that an accident happened and the parties sustained damages because of such accident, in and of itself, does not give rise to an inference that the accident was caused by anyone. | 1 | 1996–1996 |
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.