Legal Opinion

State v. Kern

Montana Supreme Court

Decided April 10, 2003No. 01-494PublishedCited by 10 opinions

1Opinion of the CourtJustice Cotter

¶1 On December 13, 2000, Rusty Kern was convicted of sexual assault. Kern was ultimately sentenced to fifteen years in the Montana State Prison, with eight years suspended. Kern does not challenge his conviction, but he does challenge the charging documents and the legality of his sentence. We affirm.

ISSUES

¶2 A restatement of the issues Kern presents on appeal follows:

1. Whether probable cause was established for the filing of the information absent allegations of touching by the defendant for the purpose of sexual gratification;

2. Whether the information charged facts sufficient to…

2Cases cited11 opinions

  1. Hamling v. United StatesSupreme Court of the United States · 1974
  2. State v. MontoyaMontana Supreme Court · 1999
  3. State v. HardawayMontana Supreme Court · 2001
  4. State v. SteffesMontana Supreme Court · 1994
  5. State v. BradfordMontana Supreme Court · 1984

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

3Cited by10 opinions

  1. State v. HeathMontana Supreme Court · 2004
  2. State v. WardellMontana Supreme Court · 2005
  3. State v. B. McGheeMontana Supreme Court · 2021
  4. State v. HarlsonMontana Supreme Court · 2006
  5. Jordan v. StateMontana Supreme Court · 2008

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

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