Legal Opinion

In re of G.T.M.

Montana Supreme Court

Decided December 23, 2009No. DA 09-0249PublishedCited by 14 opinions

1Opinion of the CourtChief Justice McGRATH

¶1 G.T.M. appeals from an order of the Ninth Judicial District Court, Pondera County Youth Court, denying his motion to dismiss for lack of capacity to stand trial. We affirm.

¶2 We restate the issues for review as follows:

¶3 Whether the Montana Youth Court Act violates the constitutional *199right to equal protection by not providing a procedure to evaluate the competency of youths.

¶4 Whether the Youth Court violated G.T.M.’s due process rights by determining that he had the capacity to stand trial and appreciate that his conduct was wrong.

BACKGROUND

¶5 On August 13, 2007, G.T.M., who was then…

2Cases cited18 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. Dusky v. United StatesSupreme Court of the United States · 1960
  3. Roper v. SimmonsSupreme Court of the United States · 2005
  4. Drope v. MissouriSupreme Court of the United States · 1975
  5. Kent v. United StatesSupreme Court of the United States · 1966

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

3Cited by14 opinions

  1. In re K.J.Montana Supreme Court · 2010
  2. In re S.M.K.-S.H.Montana Supreme Court · 2012
  3. State v. E.M.R.Montana Supreme Court · 2013
  4. In re K.J.R.Montana Supreme Court · 2017
  5. State v. E.M.R.Montana Supreme Court · 2013

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API