Legal Opinion · Dissent

In re L.B.

South Dakota Supreme Court

Decided December 9, 1987No. Nos. 15662, 15663Published

1DissentHenderson, Justice

Although I do not quarrel with the general expressions of precedent, as established by this Court, in the majority opinion, I take exception to the application because of the factual background of this ease.

There can be nothing more tragic, serious, or damning to the life of any man than to have him portrayed as a human being who would sexually molest a small child.

In this case, it is undisputed that the mother of these two children coached the little girl involved to fabricate stories that her father had molested her. At trial, the mother was informed of the penalty for perjury and confessed…

2Cases cited14 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Cunningham v. Yankton Clinic, P. A.South Dakota Supreme Court · 1978
  3. In re the Termination of Parental Rights over D.H.South Dakota Supreme Court · 1984
  4. People in Interest of THSouth Dakota Supreme Court · 1986
  5. Schutterle v. SchutterleSouth Dakota Supreme Court · 1977

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