In the Matter of B.I. and N.G., Youths

2009 MT 350 · Supreme Court of the State of Montana · October 21, 2009 · No. DA 08-0341

Summary

The Montana Supreme Court affirmed youth court orders revoking consent adjustments and committing B.I. and N.G. to youth homes. The court held that the youths waived their constitutional challenge to Montana Code Annotated § 41-5-1512 because they failed to state sufficiently specific objections in the youth court.

Holdings

  1. The youths waived or failed to preserve their constitutional challenge because they did not make a sufficiently specific objection in the Youth Court identifying the alleged unconstitutionality of § 41-5-1512, MCA.
  2. The Court did not address plain-error review because the youths conceded that such review was unnecessary.

Questions Presented

  1. Whether the youths preserved for appellate review their constitutional challenge to § 41-5-1512, MCA.
  2. Whether the youths could challenge on appeal the statutory procedure allowing a youth court to enter judgment and proceed to disposition after finding that a youth violated a Consent Adjustment.

Disposition

affirmed

Cases Cited (4)

  • In re the Mental Health of E.T., 2008 MT 299, ¶ 7, 345 Mont. 497, 191 P.3d 470(followed)
  • In re K.D.K., 2006 MT 187, ¶ 15, 333 Mont. 100, 141 P.3d 1212(followed)
  • State v. West, 2008 MT 338, ¶ 16, 346 Mont. 244, 194 P.3d 683(followed)
  • State v. Benson, 1999 MT 324, ¶ 19, 297 Mont. 321, 992 P.2d 831(followed)

Cited In (0)

No citing cases on record yet.

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