2022-06.pdf - NALA

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Vol. 33 / No. 1 SDParalegals.com June 2022

June 24, 2022Ramkota Hotel, Rapid City

Notice of Annual Meeting . . . . . . . . . . . . .4Registration Form . . . . . . . . . . . . . . . . . 14

6:30 p.m. - 8:00 p.m.June 23, 2022

Firehouse Brewing Co.610 Main Street, Rapid City

THIS ISSUE:

President’s Message . . . . . . . . . . . . . . . .2NALA Liaison’s Report . . . . . . . . . . . . . . 3COURT OPINIONS:

SD Supreme Court . . . . . . . . . . . . . .118th Cir. Court of Appeals . . . . . . . . 12

Parablog . . . . . . . . . . . . . . . . . . . . . . . . . 6Committee Reports . . . . . . . . . . . . . . . . . 8Careers . . . . . . . . . . . . . . . . . . . . . . . . . . 9Grammar Check . . . . . . . . . . . . . . . . . . .10

http://www.sdparalegals.com/home.html

Jessi N. Stucke, ACP

PRESIDENTJessi N. Stucke, [email protected]

1ST VICE PRESIDENTAutumn Nelson, ACP

[email protected]

2ND VICE PRESIDENTChristal Schreiber

[email protected]

SECRETARYDixie Bader, CP

[email protected]

TREASURERClara Kiley, CP

[email protected]

NALA LIAISONCindy Wooten, ACP

[email protected]

Executive Committee

It seems the year has flown by! As I write this final message to you asPresident of SDPA, I have to thank you for electing me to the Executive Committeethree years ago. It was an honor and has been a tremendous privilege. My title hasbeen a conversation starter several times over the past year–with other SouthDakota attorneys, attorneys outside South Dakota, with many individuals in mylocal community–it was an opportunity for me to talk not only about SDPA, buthow legal assistants and paralegals affect the lives of others. I tell my children that Ido battle for people who need help fighting for themselves. My attorney is on thefrontline, and I’m doing this, that, and the other from behind the scenes. Of course,when my 7-year-old passed this concept on to someone else, it translated to “Momargues for work.”

It's understandable that most people don’t really understand what we dountil they need our help. That might be less the case now that we live in the era ofDepp v. Heard, but I think you know what I mean. What we do on a daily basis isn’toften easy to explain between mechanics and confidentiality. That’s why I’m sooften thankful for the friends and colleagues I have through this organization. Ijoined early, and got involved early. I wanted to learn as much as I could, not justfrom books and through training, but from people who had experience. I’mpreaching to the choir here, but it’s to encourage each of you to suggest SDPAmembership to your co-workers and colleagues. I’d hate to imagine how differentlymy journey would look if I had gone it on my own.

As we approach our annual seminar and meeting on June 24, I’m eager tosee everyone who can make it to Rapid City, and I know we’ll have our usual goodturnout through GoToMeeting as well. The Executive Committee will host a casualsocial on Thursday, June 23, from 6:30-8 p.m. at the Firehouse Brewing Companydowntown.

I’m also looking forward to representing SDPA at NALA’s Conference &Expo in Phoenix in July. NALA is finally moving back to an in-person conferencefor the first time since 2019, and fortunately, they are keeping the streaming optionas well, which was never previously available. If you haven’t looked into thepresentation schedule yet, please do! We will have 6-7 members attending inperson and we’re looking forward to showcasing SDPA at our affiliate booth.

By the time I attend the conference, SDPA will be under the leadership ofour incoming President, Autumn Nelson, ACP. Autumn and I met through anSDPA CP study group in early 2016, and I’ve worked with her in various capacitiessince then. She has always been involved in one way or another, always in moreways than one, and she is a dedicated, driven individual who will be an excellentleader for us. I’m especially grateful for her assistance and support over the pastyear.

Thank you for the allowing me to serve SDPA this year, and I hope you allhave a wonderful summer!

MISSION STATEMENTThe purposes of the South

Dakota ParalegalAssociation are:

• To establish good fellowship amongassociation members, NALA, andmembers of the legal community.

• To encourage a high order ofethical and professional attainment.

• To further education amongmembers of the profession.

• To cooperate with bar associations. • To support and carry out programs,purposes, aims, and goals of NALA.

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Ballard SpahrSioux Falls

mailto:[email protected]







Cindy Wooten, ACP

The NALA’s conference and expo is being held (virtually and in-person) on July 14-16, at the JW MarriottDesert Ridge Resort & Spa in Phoenix, AZ. The JW Marriot has an on-site spa, championship golf course,seventeen pickleball courts, five pools, and a lazy river. It would be great to see a large showing at theconference by the SDPA paralegals. There will be over 30 educational sessions which is a great way to earnCLEs. NALA active membership fee is $154 (annual), military members receive a 20% discount, and if you area member of the SDPA, you also receive a 20% discount. There is great value in becoming a NALA member.When you join NALA, you receive an $80 voucher to be used for NALA CLE seminars/webinars. You alsoreceive discounts on NALA seminars, conferences, and webinars. NALA has a quarterly magazine calledFindings of Fact. The magazine has useful articles and some of them, if read, will earn you CLE credits. Even ifyou are not a CP or ACP, the benefit of the various webinars/seminars, Findings of Fact, discounts on carrentals, hotels, office supplies and more benefit a paralegal in the beginning, middle, or end of their career.NALA is an organization run by paralegals for paralegals. If you have any questions regarding NALA, feel freeto contact me: [email protected].

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CALENDAR

June22-24 SD St Bar Convention

Rapid City

23-24 SDPA Annual Social &Seminar

Rapid City

July14-16 2022 NALA Conference & Expo

Phoenix, AZ

August24 *Addressing our Professional,

Emotional, and Mental Health12:00 p.m. - 1:00 p.m. CT

September7 *Life Care Plans - Experts and

Paralegals Working Together12:00 p.m. - 1:00 p.m. CT

*NALA webinars: CST/CDTCourse info available

Please let me know at [email protected] if you arean SDPA member and a member of NALA. I need to obtain a propercount for our semi-annual report to NALA.Tasha Altmann obtained her Advanced Certification in BusinessOrganization. Congratulations Tasha!

Janki SharmaNew Magistrate Judge

7th Circuit

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.

South Dakota Paralegal Association, Inc.Founded in 1989

{00559572.DOCX / 1}

Pursuant to the Bylaws (Article VI, Section 2), notice is hereby given of theSouth Dakota Paralegal Association’s 2022 Annual Meeting. The meeting

will be held on June 24, 2022, commencing at 11:20 a.m. MDT, at the Best WesternRamkota Hotel in Rapid City, South Dakota. The Annual Meeting will be held in

conjunction with our Annual Seminar and will be streamed via GoToMeeting.

The purpose of this meeting is to:

Ø Welcome the 2022-2023 Executive Committee;Ø Hear reports of the 2021-2022 officers and committee chairpersons; andØ Transact such other business that may come before the members.

The meeting agenda, reports, and any other materials will be sent via email on or beforeThursday, June 23, 2022.

The following officers were elected to the 2022-2023 Executive Committee during theOctober 15, 2021, Semi-Annual Meeting, and their term begins immediately followingthis annual meeting:

President ....................Autumn Nelson, ACP1st Vice President ......Christal Schreiber2nd Vice President .....Cindy Wooten, ACPNALA Liaison ...........Sarah Havlin, ACPTreasurer ....................Clara Kiley, CPSecretary.....................Michelle Tyndall, ACP

The meeting and seminar will also be broadcast live via GoToMeeting for any memberswho are unable to attend in person or otherwise prefer to attend virtually. Logininstructions will be emailed on or before June 23, 2022. If you do not receiveinstructions by end of the day, please contact Education Committee Chair, RebekahMattern, at [email protected], or the President at [email protected].

Dated this 24th day of May, 2022.__________________________

Jessi N. Stucke, ACPSDPA President

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Order RescindingDeclaration of

Judicial EmergencyEffective June 30, 2022

If you would like to submit aquestion to our members on alegal or administrative issue,please email it to the President.

The President will email your question to theMembership and ask that members respond directlyto you. If anyone else would like to get a copy of anyinformation received, please contact the person whoposed the question. Q&A emails go to all members.

U.S. FEDERAL COURTSEighth Circuit:

The SOUTH DAKOTA SUPREME COURTissued the following

Order Rescinding Declaration of Judicial Emergency due toCOVID-19 Pandemic Effective June 30, 2022,

on May 12, 2022:

DID YOU KNOW?

It's Saturday night and the college isbuzzing with homecoming hype. Thefootball game is almost over- the hometeam is up by a mile and it's looking likethe game is going to be a blow out. You,an 18-year-old college freshman, can’twait to celebrate your first homecomingweekend away from home. The last thingyou are thinking about is “I wonder if Ihave what I need to make sure my familycan help me if something goes wrong?”

Two years into the global pandemic,COVID-19, the college experience haschanged drastically. The types ofpressures and decisions young adults arefacing at college today are moreimpactful than ever before, yet,once they turn 18 and becomelegal adults, their parents and lovedones can no longer get informationor help make decisions for theircollege students without thestudent’s permission. Three legaldocuments make it much easier forparents to step in and assist theircollege-aged children in the eventof a medical emergency.

Although the types of situations that mayrequire these documents seem few andfar between- they are not.

According to the MAYO Health Clinic, upto 44% of college students reportedhaving symptoms of depression andanxiety.[1] A total of 33% of collegestudents engaged in binge drinking in thepast month (meaning 5 or more drinks formales or 4 or more drinks for females on

one occasion)[2] Also, the number ofcollege aged students using illicit drugsincreased to 44% in 2019.[3]

Students facing medical related issuesoften need guidance from their supportsystems at home. Mental health andsubstance use concerns are especiallysensitive and complex in nature making itdifficult for young people to explain thenature of the concern in order to seekadvice. In some cases, the consequencesof untreated mental health concerns orsubstance use leave the student unable tomake their own medical decisions leavingit up to the hospital unless a parent orguardian has written permission to act on

the student’s behalf.

On a less serious, but equally importantnote, it is not abnormal for young peopleto need help filing out student loanapplications, navigating health insuranceor replacing lost or stolen cell phones anddebit cards. These documents also giveyou permission to help your student inthese ways as well.

HIPPA, or the Health Insurance Portabilityand Accountability Act, ensures that adultsare afforded protections fromunauthorized release of sensitive medicalinformation. HIPPPA generally will notallow family members to access astudent’s health information withoutexpress authorization whether or not thestudent is medically able to give thatapproval or make medical decisions forthemselves at that time.

HIPPA authorizations do not give away thestudent’s ability to make decisions forthemselves, but it is a useful tool for whena student needs or wants assistance

communicating with orunderstanding physicians or otherhealthcare providers. A HIPPAauthorization also lets medicalprofessionals know who they canspeak to in case of an emergencyand is especially helpful in gettingreal time updates on the student ifthey were to be hospitalized.

A Healthcare Power of Attorney (orAdvance Health Care Directive inMinnesota) is a document that allows youto select a person you trust to step in andmake health care decisions for you if youare unable to do so yourself. Anyone 18years or older should appoint someone toact in that capacity on the off chance theperson becomes unable to manage theirown personal care or loses the ability tounderstand one’s actions. The alternativeis to rely on the local law of whatever

By Lynae Tucker-Chellew | 14, February 2022Reprinted with permission from Goosmann Law Firm, PLLC.

“ The types of pressures and decisionsyoung adults are facing at college todayare more impactful than ever before...”

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Continued from page 6

state your student is located in at the timethat you would be making decisions forthem. Each state has a different law butoften the default decisions that can bemade by family are restricted and mostserious medical decisions are left up tothe medical professional caring for thepatient.

Each state has a different form forappointing a health care agent. For thisreason, it is best for the student and theirfamilies to complete a health caredirective in both the state where thefamily lives and the state where thestudent will be living. Both the student andthe person they appointed should keepan original copy and a digital copy of thedocument because these documents aremost often needed at a moment’s notice.

A Financial Power of Attorney, sometimescalled a Durable Power of Attorney, is asimple and cost-effective way to arrangefor a trusted person to be able to act onthe student’s behalf to manage theirfinances and sign legal documents if thestudent is ever unable to do so forthemselves. Financial Power of Attorneydocuments can be used to assist in billpaying, taking out loans for school, signingapartment leases or purchasing vehicles.These documents are very powerful, andthe person appointed should be someoneboth the family and the student trust. Withgreat power, comes great responsibility(and great convenience when usedcorrectly!).

[1] https://www.mayoclinichealthsystem.org/hometown-health/speaking-of-health/college-students-and-depression

[2] National Institute on Alcohol Abuseand Alcoholism. (2021).https://www.niaaa.nih.gov/publications/brochures-and-fact-sheets/college-drinking

[3] Schulenberg, J. E., Johnston, L. D.,O’Malley, P. M., Bachman, J. G., Miech,R. A. & Patrick, M. E. (2020).

. AnnArbor: Institute for Social Research, TheUniversity of Michigan.

Using “Compare” feature to compare two versions of the same document

● Open Word.● Go to “Review”● Click “Compare” in the toolbar,

then click “Compare” in thedrop down menu

● In the “Original” section, browsethe chose the original version ofthe document

● In the “Revised” document section,browse and chose the revised ver-sion of the document

● Make sure show changes in “NewDocument” is checked at the bot-tom right-hand side

● Then click “okay”

● Three windows should open,the “Compared” document, the“Original” document, and the“Revised” document

Committee Reports

AUDITChair: Cindy Smeins, ACPMember: Vicki Blake, CP

The Audit Committee has received andreviewed the credit card and bankstatements from CorTrust Bank throughApril 30, 2022, and find them to bewithout error.

CLE LUNCHEONChair: Jessi Stucke, ACPMembers: Vicki Blake, CP

Jennifer Frederick, CPJessica Huyck, ACPJanet Miller, ACPCindy Smeins, ACP

The committee held a Zoom meeting inFebruary to brainstorm ideas for futureCLEs. The next webinar is slated for Au-gust and information will be emailed oncethe date and topic are finalized.

EDUCATIONChair: Rebekah M. MatternEC Liaison: Autumn Nelson, ACP (1st VP)Members: Amanda Anderson

Heidi Anderson Rebecca Goeken Stephanie Bentzen Susan Rasmussen, ACP Courtney Vanden Berg, CP

The Education Committee has been busyplanning the SDPA’s June AnnualMeeting and Seminar, which is scheduledto be held on June 24, 2022, in RapidCity. The Committee has put together agreat lineup of speakers. We will berequesting 5 CLE credits, including 1ethics, from NALA. Reminder, you do nothave to be a member of the SDPA toattend our seminars, so please feel freeto invite any paralegals you knowthroughout the state! The EducationCommittee always welcomesrecommendations on topics, speakers,and ways to improve our trainings.Please email any recommendations forupcoming trainings to Rebekah [email protected].

ETHICSCo-Chairs: Jennifer Frederick, CP Janet Miller, ACP Vikki Kelner, ACPMember: Dixie A. Bader, CP

Nothing to report at this time.

FINANCEChair: Clara Kiley, CP

As of April 30, 2022, there is $xxxxx inthe association savings account and$xxxxx in the checking account. Incomeas of April 30, 2022, has consisted ofinterest income, membership renewals,and library DVD income.

The majority of expenses for the sametime period include payment of travelrelated expenses for officers attendingthe upcoming NALA convention inArizona in July. Other expenses includepostage, Stripe fees, and the feeassociated with filing our annual reportwith the State of South Dakota.

The upcoming annual meeting in Junewill see an increase in both income andexpenses for the association.

LIBRARYChair: Courtney VandenBerg, CP

The Library has received one (1) newrequest for past seminars from thelibrary, as individuals work to completetheir CLE requirements for NALA. If youor someone you know is in need of CLEcredits, please keep in mind we have thelibrary catalog available online athttps://www.sdparalegals.com/news-resources, and material can be checkedout through the website store. Pleasetake a moment to review the catalog andif there are any recommendations foradditional materials, please let me know.

As a reminder, recordings of previousseminars can be checked out by SDPAmembers for $45.00 or $60.00 fornonmembers (pricing includes postage).Let me know what seminars you were notable to attend but would like to view, andI can get the DVDs out to you.

The library also has two copies of theNALA Certified Paralegal ExamFundamentals manual available formembers to check out if you are thinkingnow is the time to get certified. Membersare allowed to use the manual for threemonths to study for the exam after payinga $100.00 deposit. The manual is anexcellent resource for anyone studyingfor the CP exam.

If you have questions or would like tocheck out any of the library materials,please email Courtney L. Vanden Berg,

CP, at [email protected] [email protected].

MEMBERSHIPCo-Chair: Autumn Nelson, ACPCo-Chair: Jessi Stucke, ACPEC Liaison: Christal Schreiber (2nd VP)Members: Amanda Anderson

Heidi Anderson Dixie A. Bader, CP

As of April 30, 2022, we have 89members. If you work with or know anyparalegals or legal assistants who areinterested in joining SPDA, please havethem contact Autumn or Jessi. Also,please remember to update any changesin your employment, home, or workcontact information and email address sothat you receive timely notices,newsletters, and other important emails.All changes can be sent to Autumn [email protected]. We arehoping to coordinate some funmembership mixers in 2022 and alwayswelcome any suggestions from ourmembers for activities they would like tosee.

NEWSLETTERChair: Jessi Stucke, ACPEC Liaison: Dixie Bader, CP (Secretary)Members: Karen Armstrong, PP, PLS

Amanda Bain, CP Jennifer Frederick, CP Jessica Huyck, ACP


NOMINATIONS &ELECTIONSChair: Cindy Smeins, ACPEC Liaison: Dixie Bader, CP (Secretary)

Nothing to report.

PROFESSIONALDEVELOPMENTChair: TBDEC Liaison: Christal Schreiber (2nd VP)Members: Autumn Nelson, ACP

Nothing to report.

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Job BankThe following posts have been abbreviated. Complete listings are available on our website.

If you are aware of open positions, please contact Job Bank Chair, Laura Stewart, at [email protected]

Chair: Laura StewartEC Liaison: Autumn Nelson, ACP (1st Vice President)Members: Kayne Larimer, ACP

Ashly Luke Jackie Schad, ACP

There are currently 11 openings in the job bank. Tosee complete descriptions, please go to ourwebsite.

If you are an employer or know of an employerseeking paralegals and/or legal staff, pleasecontact me.

Legal Assistant – Sioux Falls

AVERA HEALTH is seeking a qualified full-time legalassistant.

Paralegal – Sioux Falls

NORTHWESTERN ENERGY is seeking a full-timeparalegal.

Paralegal – Sioux Falls

DAVENPORT EVANS LAW FIRM has an opening fora full-time paralegal.

Legal Assistant/Paralegal – Sioux Falls

ALVINE WEIDENAAR is hiring a legalassistant/paralegal for their personal injury and

workers’ compensation claims firm.

Paralegal/Legal Assistant – Rapid City

GUNDERSON PALMER NELSON & ASHMORE hasan opening for a full-time estate planning and business

paralegal/legal assistant.


Williams Law Office is hiring a full-time paralegal/legalassistant.


BEARDSLEY, JENSEN & LEE has an opening for afull-time paralegal/legal assistant.

Paralegal/Receptionist – Rapid City

GREY & EISENBRAUN LAW FIRM is hiring a full-timeparalegal/receptionist.

Paralegal - Agency

The Sisseton-Wahpeton Oyate legal department isseeking a full-time paralegal.

Legal Assistant – Aberdeen

BANTZ, GOSCH & CREMER is hiring a full-time legalassistant.

Legal Support Staff – Aberdeen

RICHARDSON, WYLY, WISE, SAUCK & HIEB ishiring a full-time legal support staff.

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PUBLIC RELATIONSChair: “Vacant”EC Liaison: Dixie Bader, CP (Secretary)Members: Jennifer Frederick, CP

The Executive Committee is asking forone or two volunteers to chair or co-chairthis committee, and would welcome anyother members who are interested in

working on this committee. The duties ofthis committee are to “read and reportcurrent case law involving legalassistants of the NALA ProfessionalDevelopment Committee. In addition, thecommittee would promote localprofessional involvement with the legalcommunity.”

WEBSITEChair: Jessica Huyck, ACPMembers: Carrie Reider

Jessi Stucke, ACP


Committee Reports, continued from page 8

http://www.sdparalegals.com/jobbank.html

GRAMMAR CHECK

HOW ARE YOUR PROOFREADING SKILLS?Some of the following sentences are correct, and some are not! Some have punctuation errors, some have used the wrongword, and some are perfectly fine just the way they are. See if you can spot all the errors. The answers are on page 11 of thisnewsletter.

1. Me and Julio smoke cigarettes down by the schoolyard.

Correct: _____ Incorrect, and why: _________________________

2. Their is another way to do that, and it is much easier than what you are doing.


3. I think that he is the best principal our high school has ever had.


4. I am starting to learn why Mom used to say, “Getting old ain’t for sissies”.


5. There are eight parts of speech: nouns, pronouns, verbs, adjectives, adverbs, prepositions, conjunctions, and rejections.


6. An adverb is a word or an expression that modifies a verb, adjective, another adverb, determiner, clause, preposition, orsentence.


7. Three convenience stores were reported robbed by the Sioux Falls police last month.


8. I think that wounded veterans should be treated like the hero’s they really are.


9. Your the best friend anyone could ever have.


10. My son usually looses his mittens about once a month during the wintertime.


By Karen Armstrong, PP, PLS

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- from the USDLaw List Serve -

RECENT OPINIONS: South Dakota Supreme CourtPOWERS v. POWERS ANDPREVAILING WINDS, LLC,

2022 S.D. 25Owner for a “right of first refusal” on real estateclaimed right of specific performance as a resultof lease for a wind farm on the property. Thetrial court held the right was not triggered bythe lease because it applied only to a fee interesttransfer and further held that the right was“void as an unreasonable restraint onalienation.” The SD Supreme Court affirmed.This is a unanimous (5-0) ruling, with opinionauthored by Justice DeVaney.

FLINT v. FLINT2022 S.D. 27

This is a modification of a “shared physicalcustody [provision in a] parenting order enteredas part of [the parties’] 2018 Arizona divorce.”After divorce, Father moved to South Dakotaand Mother moved to California. Fatherregistered the decree in SD and sought primarycustody. The trial court granted primarycustody to Mother, ruling contrary to therecommendation of the custody evaluator. TheSD Supreme Court affirmed, applying theprinciples found in Fuerstenberg v.Fuerstenberg, 1999 S.D. 35, 591 N.W.2d 798.This ruling is unanimous (5-0), with opinionauthored by Justice Salter. Appellate attorneyfees were requested by both parties and denied.(NOTE: This case was submitted on the briefsjust 17 days ago, on April 25, 2022.)

STATE v. TIMMONS2022 S.D. 28

Defendant was sentenced to 15 years in prison,with 3 years suspended, for aggravated assaulton his girlfriend. Defendant's motion for newtrial was supported by letter from girlfriendwhich Defendant asserted to be “newlydiscovered evidence.” In the letter:

[girlfriend] stated that she felt like she waslied to, manipulated, and threatened by theState’s prosecutor…[and] that she did notwant to call the cops, was coming down frommeth, and did not believe that [Defendant]deserved a heavy sentence. She believed that[Defendant’s] [intentions] were not to hurtme.”

On appeal, Defendant asserted bothinsufficiency of evidence and denial of motionfor new trial based upon newly discoveredevidence (the letter). The SD Supreme Courtaffirmed, with opinion authored by Chief JusticeJensen. The decision is unanimous (4-0) withJustice DeVaney having recused herself. NOTE:This case was submitted to the Court, on briefs,less than 2 months ago on March 21, 2011.

HOSTLER v. DAVISON COUNTYDRAINAGE COMMISSION

2022 S.D. 24Landowner in Davison County sought drainagepermit from County Drainage Commission.Neighbor objected. Commission grantedpermit. Neighbor sought relief in Circuit Courtby pursuing an appeal (under SDCL 46A-10A-35) and by seeking a declaratory judgment.Circuit Court ruled for neighbor. Landownerappeals to SD Supreme Court. The SD SupremeCourt ruled in favor of landowner by vacatingthe Circuit’s ruling on the basis that neither anappeal nor a declaratory judgment action isavailable under the facts of this case.

As to the possibility of an appeal, the Courtexamined the peculiar language of the statute,pointing out:

[¶12.] We are unable to find, and [Appellant]has not identified, an instance in which thisstatute has been used to appeal the permittingdecision of a drainage commission directly to acircuit court. Importantly, the first twosentences of this statute allow a landowner to

appeal a drainage commission decision arisingfrom a drainage conflict to either the board andthen to the circuit court or to the circuit courtdirectly. But the statute does not authorize adirect appeal to the circuit court from a drainagecommission decision to grant or deny a drainagepermit application. (emphasis is original by theCourt)

As to the applicability of a DJ action, the Courtstated:

[¶17.] Here, [Appellant] is not challenging thevalidity of any ordinance, and he is not seeking adeclaration of his rights, status, or other legalrelations under such ordinances. Moreover,while he is arguably affected by the drainagecommission’s decision, he is not seeking to havedetermined “any question of construction orvalidity arising under” a municipal ordinance to“obtain a declaration of rights, status, or otherlegal relations thereunder.” See SDCL 21-24-3.Rather, he is requesting that the circuit courtvoid the administrative decision of the drainagecommission to grant a permit to a third partybecause, in his view, the drainage commissionabused its discretion by failing to properlyconsider matters required to be considered.Because [Appellant’s] request for relief is not ofthe type that circuit courts have authority togrant via a declaratory judgment action, thecircuit court did not have authority under theDeclaratory Judgment Act to consider[Appellant’s] complaint challenging thedrainage commission’s decision to grant[Landowner’s] permitting request. (emphasis isoriginal by the Court)

This decision is unanimous (5-0), with opinionauthored by Justice Kern.

Two aspects of this decision which I foundinteresting: 1) this relatively short ruling (19 ¶s)is handed down more than a year after it wassubmitted on the briefs on 4/26/21; and 2) thelawyers listed for the parties are officed out ofstate (Arizona and Minnesota).

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GRAMMAR CHECK Answers:

1. Incorrect. It should say: “Julio and I smoke cigarettes down by the schoolyard.”2. Incorrect. “Their” should be spelled “There.”3. Correct.4. Incorrect. The period at the end of the sentence should go inside the final set of quotation marks.5. Incorrect. “Rejections” should be “interjections.”6. Correct.7. Incorrect. It should say: “The Sioux Falls police reported that three convenience stores were robbed in the

last month.”8. Incorrect. “Hero’s” should be “heroes.”9. Incorrect: “Your” should be “you’re.”10. Incorrect: “looses” should be “loses.”

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RECENT OPINIONS: 8th Circuit Court of AppealsThe following unofficial case summaries were prepared by the clerk's office and/or the USD ListServ as a courtesy.They are not part of the court's opinion.

Carrie Larson v. United StatesU.S. Court of Appeals Case No: 21-

3319 U.S. District Court for the District

of South Dakota - Central

[UNPUBLISHED] [Per Curiam - BeforeColloton, Erickson, and Kobes, Circuit Judges] Per Curiam - Before Colloton, Erickson,and Kobes, Circuit Judges] Civil case -Federal Tort Claims Act. Dismissal ofaction affirmed without comment.

Rudy Stanko v. Oglala Sioux Tribe U.S. Court of Appeals Case No:

22-1266 U.S. District Court for the District

of South Dakota - Western

[UNPUBLISHED] [Per Curiam - BeforeColloton, Erickson, and Kobes, Circuit Judges] Civil case - Civil rights. Dismissal of civilrights action affirmed without comment.

United States v. Carlocito SlimU.S. Court of Appeals Case No: 21-



[PUBLISHED] [Grasz, Author, with Strasand Kobes, Circuit Judges] Criminal case - Criminal law. Police hadprobable cause to arrest defendantwithout a warrant based on their beliefthat he was in process of committing a sextrafficking crime; officers properlysearched defendant's car for evidence ofthe offense as a search incident to hisarrest; under Eighth Circuit precedents anindictment for sex trafficking andattempted enticement can be based on anon-existent victim; the evidence wassufficient to support defendant'sconvictions for attempted commercial sextrafficking of a minor and attemptedenticement of a minor for sexual activityusing a facility of interstate commerce;any alleged error in the district court'sdecision not to permit defendant's priorattorney to testify that defendant told himhe was only seeking a massage washarmless.

United States v. William LeftHand

U.S. Court of Appeals Case No: 21-2507

U.S. District Court for the Districtof South Dakota - Northern

[UNPUBLISHED] [Per Curiam - BeforeGrasz, Stras, and Kobes, Circuit Judges] Criminal case - Criminal law. The districtcourt did not plainly err in relying on apreliminary-hearing transcript rather thanlive witness testimony at defendant'srevocation proceeding; in any event, therewas plenty of other evidence to establishthat defendant had violated the conditionsof his supervised release and theconsideration of the transcript had little orno effect on the decision.

United States v. Anthony Story U.S. Court of Appeals Case No:

21-2847 U.S. District Court for the District

of South Dakota - Central

[UNPUBLISHED] [Per Curiam - BeforeGrasz, Stras, and Kobes, Circuit Judges] Criminal case - Criminal law. There wasa valid consent to search the trailer wherethe drugs were found; evidence wassufficient to support defendant'sconviction for possession ofmethamphetamine with intent todistribute.

United States v. Holli LundahlU.S. Court of Appeals Case No: 21-

3489 and No: 21-3558 U.S. District Court for the District


[UNPUBLISHED] [Per Curiam - BeforeLoken, Benton, and Kelly, Circuit Judges] Criminal case - Criminal law. The districtcourt did not abuse its discretion interminating defendant's pro se statusbefore trial based on her disruptivebehavior; evidence was sufficient tosupport defendant's convictions for theftof government property and SocialSecurity fraud; double jeopardy argumentrejected; the district court permissiblyexercised its discretion to run the sentence

consecutively to an undischarged federalsentence.

Franklin Nelson v. Jim CroymansU.S. Court of Appeals Case No: 21-


of South Dakota - Northern

[UNPUBLISHED] [Per Curiam - BeforeLoken, Gruender, and Grasz, Circuit Judges] Civil case - Civil rights. Dismissalaffirmed without comment.

United States v. Darrell TwoHearts

U.S. Court of Appeals Case No: 20-3700

U.S. District Court for the Districtof South Dakota - Northern

[PUBLISHED] [Colloton, Author, withShepherd and Kelly, Circuit Judges] Criminal Case - Conviction andSentence. There was ample evidencepresented from which a reasonable jurycould conclude the Two Heartsconstructively possessed the firearm andthat he was a prohibited person; there wassufficient evidence that he was anunlawful user of a controlled substanceand possessed methamphetamine at thetime of his arrest. The alleged discrepancyin the testimony of whether there was onebag or three bags is easily explained and ajury could conclude that the one bag foundin Two Hearts’s pocket contained threebaggies. There was sufficient evidence tosupport finding that Two Hearts knew ofhis status as a convicted felon. The districtcourt’s admission of a Facebookphotograph was not an abuse ofdiscretion, as the evidence was relevantand the absence of conclusive evidencethat the item in the photograph was realdoes not create a risk of unfair prejudice.Although the district court did not makean explicit finding that the possession ofthe gun facilitated his possession ofmethamphetamine, the district court’sfinding that Two Hearts possessedmethamphetamine and a loaded gun atthe same time presenting a verydangerous situation was sufficient to showthe district court did not apply the four-level enhancement under Guidelinessection 2K2.1(b)(6)(B) automaticallybased on mere proximity.

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ANNUAL MEETING & SEMINAR - FRIDAY, JUNE 24, 2022RAMKOTA HOTEL – RAPID CITY, SOUTH DAKOTA

CLE CREDIT (NALA application pending): 5 CLE, including 1 Ethics

Agenda

7:30-8:00 AM Registration & Breakfast

8:00-9:30 AMHollie Strand, Pennington County Sherriff’s Department, Internet CrimesAgainst Children TaskforceWhen Bedrooms Become Chatrooms

9:30-9:40 AM Break

9:40-11:10 AM Jennifer and Jarad Tomac, Tomac & Tomac LawElder Law and Estate Planning

11:10-11:20 AM Break [set up for annual meeting]

11:20-12:00 PM SDPA Annual Meeting

12:00-1:00 PM LUNCH

1:00-2:00 PM Honorable Robert Gusinsky, Judge of the 7th Judicial Circuit CourtLegal Ethics for Paralegals

2:00-2:10 PM Break

2:10-3:10 PM Greg Eiesland, Johnson, Eiesland & Rohl Trial LawyersCase Prep/Trial Prep as a Paralegal

3:10-3:30 PM Announcements and Adjournment

14

ANNUAL MEETING & SEMINAR - FRIDAY, JUNE 24, 2022 (7:30 am-3:30 pm MST)RAMKOTA HOTEL – RAPID CITY, SOUTH DAKOTA

Time Agenda Speakers7:30-8:00 AM Registration & Breakfast

8:00-9:30 AM When Bedrooms Become Chatrooms: InternetCrimes Against Children

Hollie Strand, Pennington CountySheriff’s Department, Internet CrimesAgainst Children Taskforce

9:30-9:40 AM Break

9:40-11:10 AM Elder Law and Estate Planning Jennifer and Jarad Tomac, Tomac &Tomac Law

11:10-11:20 AM Break11:20-12:00 PM SDPA Semi-Annual Meeting SDPA Executive Committee12:00-1:00 PM Lunch

1:00-2:00 PM Legal Ethics for Paralegals Honorable Robert Gusinsky, Judge of the7th Judicial Circuit Court

2:00-2:10 PM Break

2:10-3:10 PM Case Prep/Trial Prep as a Paralegal Greg Eiesland, Johnson, Eiesland & RohlTrial Lawyers

3:10-3:30 PM Announcements and Adjournment---------------------------------------------------------------------------------------------------------------------

R E GI ST R A T I ON F OR M(Online Registration Available at SDParalegals.com/Store)

Attend: _______ In Person _______Webinar

Seminar Fee enclosed (includes luncheon): ______ Member $65 ______ Non-Member $85 ______ Student $30Webinar Fee Enclosed: ______ Member $65 ______ Non-Member $85 ______ Student $30

Name: _______________________________________ Designation (CP/ACP/RP/PLS/PP)______________

Firm: ________________________________________ Email: ____________________________________

Address: _____________________________________________________________________________________

Telephone: ___________________________________

Thursday Social (location TBD): ____ Yes ____ No ____ Maybe

REGISTRATION DEADLINE: Online: Wednesday, June 22. By mail: Postmark by Friday, June 17. LATEREGISTRATIONS: As of June 20, rates will be $40 for Students, $75 for Members, and $95 for Non-Members.*REGISTRATION BY MAIL: Registration forms with check can be mailed to Clara Kiley, SDPA Treasurer at11158 Valley 1 Road, Belle Fourche, SD 57717, with a copy to the Education Committee Chair, Rebekah Mattern,via email at [email protected]. VIRTUAL ATTENDEES: Our seminars are live-streamed throughGoToMeeting. The times listed above are MST. We cannot guarantee your experience will be equivalent toattending in person. We will ensure the best online experience possible; however, audio, visual, and other technicaldifficulties may be outside our control. We highly recommend testing GoToMeeting on your device prior to theseminar. ROOMS: SDPA has a limited number of rooms available under "South Dakota State Bar/South DakotaParalegal Association" at $133.99 plus tax for Thursday, June 23 only. CANCELLATIONS: SDPA will providefull refunds for registrations cancelled on or before June 17, 2022 (registrations made through the website will berefunded to your card, less the online processing fee (approximately 5%)). Contact the Education Committee Chair,Rebekah Mattern, at [email protected] if you need to cancel your registration.

Continuing legal education credit from NALA has been requested as follows: 5 hours of CLE credit toinclude 1 hour of ethics credit.

South Dakota Paralegal Association, Inc.Founded in 1989

2022-06.pdf - NALA

Documents

Transcript of 2022-06.pdf - NALA