Matter of B.O.T.

2015 MT 40 · Supreme Court of the State of Montana · February 10, 2015 · No. DA 14-0041

Summary

The Montana Supreme Court affirmed an order involuntarily committing B.O.T. to Montana State Hospital for 90 days. The Court held that substantial evidence supported the finding that, because of a mental disorder, B.O.T. was substantially unable to provide for his basic needs of food, shelter, health, or safety. The Court also declined to review an unpreserved hearsay objection because B.O.T. did not assert or develop a plain-error argument.

Holdings

  1. Substantial evidence supported the finding that, because of a mental disorder, B.O.T. was substantially unable to provide for his own basic needs of food, clothing, shelter, health, or safety; the District Court's findings were not clearly erroneous.
  2. The Court rejected B.O.T.'s hearsay challenge because he did not object to the evidence at the commitment hearing and did not invoke or develop an argument for plain-error review.

Questions Presented

  1. Whether substantial evidence established that B.O.T., because of a mental disorder, was substantially unable to provide for his own basic needs of food, clothing, shelter, health, or safety.
  2. Whether the Supreme Court should review B.O.T.'s unpreserved challenge to hearsay evidence under the plain-error doctrine.

Disposition

affirmed

Cases Cited (6)

  • In re Mental Health of L.K.-S., 2011 MT, ¶ 14, 359 Mont. 191, 247 P.3d 1100(followed)
  • In re Mental Health of T.J.F., 2011 MT 28, ¶ 17, 359 Mont. 213, 248 P.3d 804(followed)
  • In re R.F., 2013 MT 59, ¶ 26, 369 Mont. 236, 296 P.3d 1189(followed)
  • In re G.P., 246 Mont. 195, 198, 806 P.2d 3, 6 (1990)(followed)
  • Schmidt v. Cook, 2005 MT 53, ¶ 31, 326 Mont. 202, 108 P.3d 511(followed)
  • In re Mental Health of J.D.L., 2008 MT 445, ¶ 9, 348 Mont. 1, 199 P.3d 805(followed)

Cited In (0)

No citing cases on record yet.

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