Hern v. State
Nevada Supreme Court
97 Nev. 529 (1981)

- Written by Sara Rhee, JD
Facts
Brian Hern (defendant) was charged with murder after killing Curtis Wayne Fausett, his girlfriend’s three-year-old son. On the day of Curtis’s death, Hern began severely kicking and beating Curtis for spilling milk, causing Curtis internal hemorrhaging. The autopsy revealed multiple abrasions and bruises on Curtis’s body caused by prior abuse by Hern. The jury convicted Hern of murder in the first degree. Hern appealed, arguing that there was insufficient evidence to prove that Hern killed Curtis with willfulness, deliberation, and premeditation, and that he therefore could not be convicted of murder in the first degree.
Rule of Law
Issue
Holding and Reasoning (Manoukian, J.)
What to do next…
Here's why 816,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.