The South Dakota Supreme Court

Fred Slota was sentenced to thirty years in the state penitentiary after he was convicted of first-degree rape. Slota’s conviction was later vacated when a habeas court determined that Slota’s legal representation at trial was constitutionally deficient and prejudicial. Slota sued the law firm of Imhoff and Associates, P.C. (Imhoff) and attorneys Henry Evans, Shannon Dorvall, and Manuel de Castro Jr. (hereinafter jointly referred to as “Attorneys”), alleging legal malpractice, and fraud and deceit related to their representation of Slota on the criminal charges. Imhoff and Attorneys moved for a judgment on the pleadings, arguing that Slota’s claims were time-barred by SDCL 15-2-14.2. The circuit court granted the motion, holding that the claims were barred. Slota appeals the dismissal of his claims for fraud and deceit. We affirm.

Too late

Slota commenced this action in July 2017, more than three years after the attorney-client relationship between Slota and Imhoff and Attorneys had ended. Slota alleged legal malpractice against Imhoff and Attorneys; fraud and deceit against Imhoff, Evans, and Dorvall; and an intentional abandonment claim against de Castro. Slota alleged that Imhoff hired inexperienced counsel for the least amount of money possible and that Attorneys failed to provide competent representation at the criminal trial, which resulted in his conviction.