Legal Opinion · Dissent

In re B.W.

Montana Supreme Court

Decided February 4, 2014No. DA 12-0618Published

1DissentJustice Baker

¶32 Although I do not disagree with most of the general principles of law the Court articulates in its Opinion, those principles do not apply in this case, just as they did not apply in Matter of K.E.G. I do not believe there is sufficient justification to overrule K.E. G. I would affirm the Youth Court’s determination that it had authority under the facts of this case to impose restitution for the aggregate pecuniary loss occasioned by the common scheme to which B.W. admitted. As the Court did in K.E.G., I would remand for a new restitution hearing to consider B.W.’s ability to pay.

¶33 The…

2Cases cited7 opinions

  1. Patterson v. McLean Credit UnionSupreme Court of the United States · 1989
  2. State v. TurcotteMontana Supreme Court · 1974
  3. Formicove, Inc. v. Burlington Northern, Inc.Montana Supreme Court · 1983
  4. State v. GattsMontana Supreme Court · 1996
  5. State v. FrazierMontana Supreme Court · 2007

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