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Legal Opinion

State v. Clark

Montana Supreme Court

Decided November 20, 2008No. DA 07-0099PublishedCited by 13 opinions

1Opinion of the CourtJustice Cotter

¶1 Appellant Kelly Dale Clark (Clark) appeals the denial of his motion for a new trial, as well as the sentence imposed on him for a conviction of sexual assault. We affirm in part and reverse and remand in part.

FACTUAL AND PROCEDURAL BACKGROUND

¶2 The factual background in this case was previously described in State v. Clark, 2005 MT 330, 330 Mont. 8, 125 P.3d 1099 (Clark I).

¶3 On or about July 18, 2002, Clark’s fourteen year-old stepdaughter (T.C.) returned home from babysitting and changed into a bikini in preparation to mow the lawn. Clark I, ¶ 5. Clark was home at the time, having…

2Cases cited10 opinions

  1. State v. AshbyMontana Supreme Court · 2008
  2. State v. PerryMontana Supreme Court · 1988
  3. United States v. Terrance Kenneth ProvostCourt of Appeals for the Eighth Circuit · 1992
  4. State v. MuhammadMontana Supreme Court · 2002
  5. People v. SchneiderSupreme Court of Colorado · 2001

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

3Cited by13 opinions

  1. State v. ZimmermanMontana Supreme Court · 2010
  2. Larchick v. Diocese of Great Falls-BillingsMontana Supreme Court · 2009
  3. State v. JamesMontana Supreme Court · 2010
  4. State v. ParrishMontana Supreme Court · 2010
  5. State v. Joseph GerenMontana Supreme Court · 2012

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

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