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In the Matter of the Mental Health of K.G.F.

Montana Supreme Court

306 Mont. 1, 29 P.3d 485 (2001)

Facts

K.G.F. (plaintiff) appealed the state district court’s order involuntarily committing her, arguing that her appointed attorney provided ineffective assistance of counsel in violation of the Sixth Amendment and Montana state constitution. K.G.F. argued that the ineffective-assistance-of-counsel standard articulated by the United States Supreme Court in Strickland v. Washington should apply. The Montana Supreme Court agreed that there is a right to effective counsel in involuntary-commitment proceedings; however, the court determined that Strickland provided too deferential a standard and articulated its own guidance for competent representation in this context.

Rule of Law

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Issue

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Holding and Reasoning (Nelson, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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