Legal Opinion

State v. McCarthy

Montana Supreme Court

Decided May 18, 1999No. 98-238PublishedCited by 13 opinions

1Opinion of the CourtChief Justice Turnage

¶1 In proceedings before the Eighteenth Judicial District Court, Gallatin County, Roman Sonny McCarthy (Roman) was convicted of stalking Karen McCarthy (Karen) by mail. Roman appeals. We affirm.

ISSUES

¶2 1. Did the District Court err in denying Roman’s motion to dis-

miss on the grounds that “repeatedly,” as that term is used in § 45-5-220, MCA, means more than twice?

¶3 2. Was there sufficient evidence presented at trial to support Roman’s conviction?

¶4 3. Is § 45-5-220, MCA, constitutionally void for vagueness under the Fourteenth Amendment to the United States Constitution?

¶5 4. Is §…

2Cases cited6 opinions

  1. State v. MartelMontana Supreme Court · 1995
  2. State v. LanceMontana Supreme Court · 1986
  3. State v. HayworthMontana Supreme Court · 1998
  4. State v. CooneyMontana Supreme Court · 1995
  5. State v. RooksSupreme Court of Georgia · 1996

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

3Cited by13 opinions

  1. State v. BreenSupreme Court of Rhode Island · 2001
  2. State v. VukasinMontana Supreme Court · 2003
  3. State v. BirthmarkMontana Supreme Court · 2013
  4. United States v. ShraderDistrict Court, S.D. West Virginia · 2010
  5. State v. T. LafournaiseMontana Supreme Court · 2022

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

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