State Ex Rel. Olson v. District Court of the Nineteenth Judicial District

specially concurring:

I agree that the trial judge here has no authority to set aside the judgment of a previous trial judge that “petitioner was not guilty by reason of insanity” and thereby commit him to the State Hospital for treatment. However, I agree with statements made by Judge Holter that a fraud was perpetrated, not only on the court, but on the people of Montana. See my dissent in State v. Olson (1979), 181 Mont. 323, 593 P.2d 724.

Our law allowing the finding of “not guilty by reason of insanity,” when applied to sexual crimes, creates a “Catch 22” situation. The professional…