CURTIS v. DIST. COURT OF 21ST JUD. DIST.

Nos. 94-097 and 94-107.

879 P.2d 1164 (1994)

Franklin T. CURTIS, Petitioner, v. DISTRICT COURT OF the TWENTY-FIRST JUDICIAL DISTRICT OF the STATE of Montana, in and for the COUNTY OF RAVALLI, and the Honorable Jeffrey Langton, Presiding Judge, Respondents. Ivan VILENSKY, Petitioner, v. DISTRICT COURT OF the FOURTH JUDICIAL DISTRICT OF the STATE of Montana, in and for the COUNTY OF MISSOULA and the Honorable John S. Henson, Presiding Judge, Respondents.

Supreme Court of Montana.

Decided August 30, 1994.


Attorney(s) appearing for the Case

Donald Spadone, Hamilton, Larry Mansch, Public Defender Office, Missoula, for petitioners.

Joseph P. Mazurek, Atty. Gen., John Paulson, Asst. Atty. Gen., Helena, George Corn, Ravalli County Atty., Hamilton, Robert Deschamps, III, Missoula County Atty., Missoula, for respondents.

Lonnie J. Olson, Mental Disabilities Bd. of Visitors, Warm Springs, for amicus curiae.


GRAY, Justice.

We accepted original jurisdiction of these consolidated cases to address the following issue of first impression presented in Applications for Writ of Supervisory Control: Whether a defendant awaiting trial on criminal charges, who has been determined to lack the fitness to proceed, may be involuntarily medicated or treated for his underlying mental condition during the 90-day commitment period prescribed in § 46-14-221, MCA. We reverse orders...

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