Legal Opinion
State v. Clark
Montana Supreme Court
Decided December 20, 2005No. 04-282PublishedCited by 42 opinions
1Opinion of the CourtJustice Rice
¶1 Kelly Dale Clark (Clark) appeals the judgment of conviction for sexual assault and the order denying his motion for a new trial entered in the Twentieth Judicial District Court, Lake County. We affirm in part, reverse in part, and remand for further proceedings.
¶2 We address the following issues on appeal:
¶3 Did the District Court commit plain error by not instructing the jury that it must be unanimous as to the means by which Clark subjected his stepdaughter to sexual contact?
¶4 Did the District Court abuse its discretion by denying Clark’s motion for a new trial after the complaining…
2Cases cited32 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Larrison v. United StatesCourt of Appeals for the Seventh Circuit · 1928
- Berry v. StateSupreme Court of Georgia · 1851
- State v. FinleyMontana Supreme Court · 1996
- State v. GallagherMontana Supreme Court · 2001
27 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Baltrusch v. BaltruschMontana Supreme Court · 2006
- State v. HicksMontana Supreme Court · 2006
- Lott v. StateMontana Supreme Court · 2006
- State v. JacksonMontana Supreme Court · 2009
- State v. BeachMontana Supreme Court · 2009
37 more not listed; retrieve them via the Exa API.