Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Ask a Question
Lawyers, increase your visibility by answering questions and getting points. Answer Questions
South Dakota Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law, Constitutional Law and Appeals / Appellate Law for South Dakota on
Q: Need legal counsel for Motion to Vacate Judgment hearing in South Dakota due to constitutional violations.

I'm preparing for a hearing on October 4, 2025, in Jackson County, South Dakota, concerning my Motion to Vacate Judgment in a criminal case. I'm currently representing myself but need legal counsel due to the complexity involved.

The basis for my motion includes:

- **4th... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2025

Given the complexity of your Motion to Vacate Judgment, retaining an attorney experienced in criminal appeals and constitutional law will be crucial. They can review the facts of your case, examine the alleged 4th, 6th, and 14th Amendment violations, and advise on the strongest arguments to present... View More

1 Answer | Asked in Native American Law, Family Law and Appeals / Appellate Law for South Dakota on
Q: Can parents appeal tribal court termination of rights in SD under ICWA?

I am involved in a CPS case concerning the Rosebud Sioux Tribe under ICWA. CPS is recommending termination of parental rights, with a hearing scheduled in 30 days. The case, originally with a goal of reunification, has been ongoing for 23 months and involved four different case workers. During this... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2025

I need to search for current information about ICWA appeals and tribal court jurisdiction for termination cases to provide you with accurate legal guidance.Based on my research into ICWA and South Dakota case law, yes, you can appeal a termination of parental rights decision regardless of whether... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for South Dakota on
Q: How can we appeal a conviction for aggravated assault in SD?

I'm trying to help my husband appeal his conviction for aggravated assault on a law enforcement officer in South Dakota. He was charged after unintentionally bumping an officer's elbow while driving away during a traffic stop. We feel the conviction was unjust as there was no intent to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

To appeal your husband's conviction, the first step is to file a notice of appeal with the South Dakota Supreme Court or the Court of Appeals, depending on the specifics of the case. You will typically have 30 days from the conviction or sentencing to file this notice, so it’s important to... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for South Dakota on
Q: Is an indigent appointment of counsel required to advocate for the defendant, and work for his client's desired outcome?

For example, if a client's desired outcome is the verdict from a jury in a fair trial, correct or not, and the client would not complain against the attorney, if the outcome was, "Guilty," instead of "Not Guilty," even though, "Not Guilty," was the plea he... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2024

Yes, an indigent defendant's appointed counsel is required to advocate for the defendant's desired outcome and provide a vigorous defense. If your appointed counsel is not acting in your best interest, you have the right to request a new attorney. It's essential that your lawyer... View More

1 Answer | Asked in Estate Planning, Appeals / Appellate Law, Civil Rights and Constitutional Law for South Dakota on
Q: Hate is a big word of something that you would never think could really happen to someone because they have age. Pain, h
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

I'm sorry, it seems like the message got cut off. Can you please provide more context or complete your message?

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Education Law for South Dakota on
Q: Do educational due process complaints that go to federal court become news?
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2022

A South Dakota attorney could advise best, but your question remains open for two weeks. It all depends on how important the matter is. They could become news in terms of the case being available online through PACER or other indexing system. Federal agencies also maintain press releases on their... View More

1 Answer | Asked in Appeals / Appellate Law for South Dakota on
Q: how do I look up a civil case. The case number is 08 civ 05000011
Tim Akpinar
Tim Akpinar
answered on Mar 3, 2022

A South Dakota attorney could advise best, but your question remains open for two weeks. Your state has a website called - South Dakota Legal Self-Help -

This is how they describe their resources...

South Dakota has a statewide record search program. CRIMINAL cases are available,... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.