In re B.H.Annotate this Case
The Supreme Court affirmed the findings of fact, conclusions of law, and order entered by the district court committing B.H. to the Montana State Hospital (MSH), holding that the district court did not commit plain error regarding the procedural safeguards in Mont. Code Ann. 53-21-122(2)(a) necessitating appellate review.
After the district court committed B.H. to the MSH for a period not to exceed ninety days, B.H. appealed, arguing that the district court erred by failing to advise him of his constitutional and statutory rights during his initial appearance, as required in civil commitment proceedings under section 53-21-122(2)(a). The Supreme Court affirmed, holding that while the district court did not provide a complete advisory of rights to B.H., B.H. failed to establish that the error resulted in a manifest miscarriage of justice, implicated the fundamental fairness of the proceedings, or comprised the dignity of the judicial prejudice. Therefore, any error in the manner in which this proceeding was conduct did not result in substantial prejudice.