Legal Opinion · Dissent

In re G.M.

Montana Supreme Court

Decided February 25, 2009No. DA 08-0229Published

1DissentJustice Nelson

¶46 I respectfully dissent from the Court’s decision.

¶47 I join Justice Leaphart’s dissent from the Court’s decision on Issue 1, standard of proof.

¶48 Additionally, I dissent from the balance of the Court’s Opinion. I agree with the various statutory and constitutional arguments made by G.M. in his briefs on appeal. I am not going to go further than that, however, because writing a lengthy dissent and analysis here on the constitutional questions raised would accomplish little given G.M.’s stipulation for recommitment. Presumably, these issues will be raised again in a future proceeding.

¶49…

2Cases cited5 opinions

  1. Saucier Ex Rel. Mallory v. McDonald's Restaurants of Montana, Inc.Montana Supreme Court · 2008
  2. In Re GMMontana Supreme Court · 2008
  3. In re G. M.Montana Supreme Court · 2008
  4. In re T.P.Montana Supreme Court · 2008
  5. In Re TPMontana Supreme Court · 2008

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