Legal Opinion

State v. Kerns

Nebraska Supreme Court

Decided November 1, 1978No. 42011PublishedCited by 18 opinions

1Opinion of the Court

Spencer, C. J., Pro Tem.

Defendant, Sandy Patrick Kerns, after a jury trial, was convicted of sexual assault in the first degree and found to be an habitual criminal. Defendant argues four assignments of error: (1) The overruling of his plea in bar; (2) the overruling of his motion to suppress; (3) the admission into evidence of the State’s exhibit 3; and (4) the excessiveness of his sentence. We affirm.

Defendant struck his 19-year-old cellmate, and then sexually assaulted him in the first degree while they were confined in the medium security unit of the Nebraska Penal and Correctional…

2Cases cited11 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Wolff v. McDonnellSupreme Court of the United States · 1974
  3. Lanza v. New YorkSupreme Court of the United States · 1962
  4. Alonzo Bonner v. Joseph CoughlinCourt of Appeals for the Seventh Circuit · 1975
  5. United States v. Harold DawsonCourt of Appeals for the Ninth Circuit · 1975

6 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Patchette v. StateSupreme Court of Iowa · 1985
  2. State v. LynchNebraska Supreme Court · 1995
  3. State v. GreenNebraska Supreme Court · 1991
  4. Dailey v. Nebraska Department of Correctional ServicesNebraska Court of Appeals · 1998
  5. State v. RobinsonNebraska Supreme Court · 1979

13 more not listed; retrieve them via the Exa API.

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