In re SLM
Montana Supreme Court
951 P.2d 1365 (1997)
- Written by Angela Patrick, JD
Facts
Montana had a statute known as the Extended Jurisdiction Protection Act that created a blended sentencing scheme for juveniles charged with serious crimes. If a case qualified for treatment under the act, the juvenile court was required to impose (1) an active juvenile disposition and (2) a stayed adult sentence. If the juvenile violated any condition of the disposition or committed a new crime while the disposition was pending, the juvenile would be certified as an adult and begin serving the full adult sentence. SLM and other juveniles (defendants) impacted by the act challenged the statute and their sentences as unconstitutional on various grounds, including arguments that the act violated the prohibition against double jeopardy and the guarantee of equal protection. The case ended up before the Montana Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Leaphart, J.)
Concurrence (Trieweiler, J.)
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