Legal Opinion

State v. Kyle D. Nick

Montana Supreme Court

Decided May 19, 2009No. DA 08-0171PublishedCited by 12 opinions

1Opinion of the CourtChief Justice McGRATH

¶1 Kyle Dean Nick appeals his December, 2007, conviction for aggravated assault. Nick contends on appeal that his conviction must be reversed because the District Court erred instructing the jury as to the definition of “purposely” as an element of aggravated assault. We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

¶2 About midnight on May 11, 2007, Nick accompanied Chelsea Dodd, his friend and neighbor, as she drove to Jason Switzer’s house. Dodd and Switzer had been romantically involved for six years but that relationship had apparently ended. She entered Switzer’s house to invite him to a…

2Cases cited8 opinions

  1. People v. JoynerIllinois Supreme Court · 1972
  2. State v. SundayMontana Supreme Court · 1980
  3. State v. ArchambaultMontana Supreme Court · 2007
  4. State v. PattonMontana Supreme Court · 1996
  5. State v. GrindheimMontana Supreme Court · 2004

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

3Cited by12 opinions

  1. State v. GundersonMontana Supreme Court · 2010
  2. State v. ColuccioMontana Supreme Court · 2009
  3. State v. IlkMontana Supreme Court · 2018
  4. State v. GerstnerMontana Supreme Court · 2009
  5. State v. M. DulaneyMontana Supreme Court · 2025

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

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