Family Law Reported Case Decisions: Divorce, Child Support, and Visitation Rights in Rapid City, SD

Brooks v. Bowen, 882 F2d 1375, (8th Cir. 1989). I represented a social security claimant through the administrative hearing process, an appeal to the Federal District Court, and ultimately the Eighth Circuit Court of Appeals. After years of pursuing my client's claim, we ultimately prevailed and my client was awarded back benefits of approximately $24,000. After the favorable decision, we sued the Federal Government under E.A.J.A. and were awarded approximately $10,000 in attorney's fees and costs. This case was significant to me personally as it instilled in me the necessity of hard work and that through effective, diligentrepresentation, truth and justice prevailed.

Frey v. Kouf, 484 NW2d 964 (SD 1992). I represented the plaintiff in a personal injury case resulting from an assault and battery. The jury rendered a verdict in favor of the defendant. We appealed to the South Dakota Supreme Court where the verdict was vacated and the case remanded. The significance of this particular case is that same defined the standard for an appropriate jury instruction on the definition of "intent" within the context of a civil case. After remand, the case settled.

Kahler v. Weiss, 539 NW2d 86 (SD 1995). I was chief counsel. I represented the Mr. Weiss in an action brought by a realtor who sued my client to recover a sales commission. The trial court granted Summary Judgment in favor of the Plaintiff-Realtor. The South Dakota Supreme Court reversed holding that material questions of fact existed as to whether Plaintiff-Realtor had substantially performed his duties under the contract. After remand,the case was settled out of court.

Dussart v. Dussart, 1996 S.D. 41, 546 N.W.2d 109. I represented the husband in this divorce action. Wife appealed several issues to the South Dakota Supreme Court including the circuit court’s decisions regarding the grounds for the divorce; alimony and attorney fees. The South Dakota Supreme Court affirmed the circuit on all issues

Crago v. Donovan, 1999 SD 67, 594 NW2d 726. I represented Mr. Donovan. This case established that Social Security Disability payments payable to a child as a result of the obligor's disability, must be credited against the obligor's child support obligation.

State v. Clegg, 2012 S.D. 87, 824 N.W.2d 98. I represented Mr. Clegg on

his appeal to the South Dakota Supreme Court where he challenged whether the circuit court could impose a harsher sentence where the defendant refused to admit guilt after a no-contest “benefit of the bargain plea”. The South Dakota Supreme Court rejected Mr. Clegg’s position holding that even after a no-contest plea, the circuit court can consider a defendant’s lack of remorse as it relates to his prospects for rehabilitation.

State v. Giroux, 2004 SD 24 , 676 NW2d 139. I represented Giroux at trialand on appeal. The South Dakota Supreme Court reversed and remanded the case to the Circuit Court on the issue of lesser included offenses. This case established new criteria when a trial court determines whether to include certain requested lesser included offenses.

U.S. v Winters, 416 F.3d 856 (8th Cir. 2005). I represented Winters in a sentencing appeal to the Eighth Circuit Court of Appeals on the issue of whether the District Court’s sentence of the Defendant was reasonable. The Eighth Circuit affirmed in a 2-1 decision.

State v. Morgan, 2012 S.D. 87, 824 N.W.2d 98. I represented Mr. Morgan on his appeal to the South Dakota Supreme Court. Mr. Morgan challenged the sufficiency of the evidence to support his conviction for aggravated child abuse. Mr. Morgan asserted that his actions constituted a reasonable use of corporal discipline. The South Dakota Supreme Court held there was sufficient evidence to support the jury’s decision.

Evens v. Evens, 2020 SD 62, 951 NW2d 268. I represented the husband in this contentious divorce case. After a 5 day court trial the circuit court rendered a favorable decision on several legal issues, including, but not limited to, awarding the husband a divorce on the grounds of extreme cruelty; awarding husband primary custody of the parties’ 4 children; awarding husband the marital residence and awarding husband his business. The wife appealed a plethora of issues. During the appeal process, the wife was found in contempt of court for failing to comply with the circuit court’s judgment. The wife also appealed that circuit court order. In a unanimous decision, the South Dakota Supreme Court affirmed the circuit court’s judgment and contempt order and awarded Mr. Evens $30,000.00 in appellate attorney fees.