State v. Robertson
Annotate this CaseWhile institutionalized at the Montana State Hospital, Defendant assaulted and injured a nurse. Defendant was charged with felony aggravated assault and was transferred to Montana State Prison, where he remained until the district court ordered that he be transferred back to the Hospital. The Hospital was statutorily required to submit a fitness-to-proceed evaluation report to the district court within ninety days of commitment but untimely submitted its report. Defendant moved to dismiss his assault charge on the grounds that the fitness evaluation report had not been timely submitted. The district court granted the motion. The Supreme Court reversed, holding that by agreeing to a continuing course of treatment at the Hospital after the initial report was submitted to the district court, Defendant waived his objection to the timeliness of that report. Remanded.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.