Legal Opinion

State v. Kelley

Montana Supreme Court

Decided August 16, 2005No. 04-264PublishedCited by 19 opinions

1Opinion of the CourtJustice Nelson

¶1 Thomas Michael Kelley (Kelley) appeals from the judgment entered by the District Court of the Eighth Judicial District, Cascade County, upon a jury verdict finding him guilty of theft, criminal possession of dangerous drugs, and criminal possession of drug paraphernalia. We affirm. The sole issue on appeal is whether the evidence presented at trial was sufficient to sustain Kelley’s conviction for the offense of theft.

FACTUAL AND PROCEDURAL BACKGROUND

¶2 Jack’s Pet Center is co-owned by Sandra Schubarth (Sandra) and her mother, Ellen Fay Schubarth (Ellen), and is located in Great Falls. In…

2Cases cited9 opinions

  1. Dunn v. United StatesSupreme Court of the United States · 1932
  2. State v. TaylorMontana Supreme Court · 1973
  3. State v. McCarthyMontana Supreme Court · 2004
  4. State v. FitzpatrickMontana Supreme Court · 1977
  5. State v. AzureMontana Supreme Court · 2002

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3Cited by19 opinions

  1. State v. FergusonMontana Supreme Court · 2005
  2. Fortson v. StateIndiana Supreme Court · 2010
  3. State v. C. ChristensenMontana Supreme Court · 2020
  4. State v. A. Sanchez Jr.Montana Supreme Court · 2017
  5. State v. BorsberryMontana Supreme Court · 2006

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

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