In the Matter of M.W. , 2011 MT 306N ( 2011 )

December 6 2011
DA 11-0401
IN THE SUPREME COURT OF THE STATE OF MONTANA
2011 MT 306N
IN THE MATTER OF:
M.W.,
Respondent and Appellant.
APPEAL FROM: District Court of the Thirteenth Judicial District,
In and For the County of Yellowstone, Cause No. DI 11-0037
Honorable Mary Jane Knisely, Presiding Judge
COUNSEL OF RECORD:
For Appellant:
Joseph P. Howard, Attorney at Law, Great Falls, Montana
For Appellee:
Steve Bullock, Montana Attorney General; Micheal S. Wellenstein,
Assistant Attorney General, Helena, Montana
Scott Twito, Yellowstone County Attorney; Mark A. English, Deputy County
Attorney, Billings, Montana
Submitted on Briefs: November 16, 2011
Decided: December 6, 2011
Filed:
__________________________________________
Clerk
Justice Michael E Wheat delivered the Opinion of the Court.
¶1 Pursuant to Section I, Paragraph 3(d), Montana Supreme Court Internal Operating
Rules, this case is decided by memorandum opinion and shall not be cited and does not serve
as precedent. Its case title, cause number, and disposition shall be included in this Court’s
quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.
¶2 Following a jury verdict on a commitment petition, the Thirteenth Judicial District
Court, Yellowstone County, ordered M.W. committed to the Montana Mental Health
Nursing Care Center for a period not to exceed three months. M.W. appeals.
¶3 Eighteen years ago, M.W. suffered a brain injury that significantly impaired the
frontal lobe of his brain. M.W. also suffers from epilepsy. Three years ago, after allegations
arose that M.W. was abusing alcohol and was being exploited by the individuals he was
living with, Debra Lawson (Lawson) was appointed M.W.’s guardian. Despite Lawson’s
efforts over the past three years, M.W. has been expelled from numerous nursing homes and
assisted living centers because of his volatile behavior. After M.W. was most recently
expelled from a living arrangement with family, his family placed him at the Billings Clinic.
Dr. Robert McDermott, a psychiatrist with the Billings Clinic, evaluated M.W. and
determined M.W. was unable to care for himself and requested that the State file a petition
for commitment.
¶4 The State filed a petition for commitment in June of 2011. The matter proceeded to a
jury trial later that month. At trial, the State called Lawson, M.W.’s social worker Walt
Williams, and Dr. McDermott as witnesses. They testified that M.W. is incapable of living
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independently and/or caring for himself due to his mental disorder. Specifically, Lawson
expressed concern that M.W. would be dead within a month if he was allowed to live
independently. Williams testified that M.W. does not possess the cognitive abilities to
participate in outpatient treatment and could not live independently because he cannot retain
information. Dr. McDermott explained his recommendation that M.W. be committed to the
Montana Mental Health Nursing Care Center as follows:
[A]ll the information I have says that [M.W.] cannot take care of himself
outside of a highly structured setting, such as a good nursing home or a
psychiatric hospital. And that—there is nothing else for him to do in the way
of resources. And so given that he can’t take care of himself even in the
hospital, I think he needs to have supervision in a highly functional nursing
facility.
¶5 In his defense, M.W. testified about his favorite foods, his appreciation for science
fiction novels and history, and his desire to procure a loan in order to purchase a mobile
home. M.W. testified that he believed he could care for himself as long as he stayed away
from alcohol. M.W. admitted his memory is not very good and could not recall being
admitted into the Billings Clinic. The jury returned a verdict finding M.W. suffers from a
mental disorder requiring commitment.
¶6 While M.W. concedes on appeal that he suffers from the mental disorder of dementia,
he challenges his commitment on the basis that the jury could not have found he was unable
to provide for his own basic needs as a result of his dementia. Thus, the sole issue on appeal
is whether substantial credible evidence supports the jury’s verdict that M.W., because of his
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mental disorder, is substantially unable to provide for his own basic needs of food, clothing,
shelter, health, or safety.
¶7 This Court reviews a jury verdict to determine if it is supported by substantial credible
evidence. Campbell v. Canty, 1998 MT 278, ¶ 17, 291 Mont. 398, 969 P.2d 268. Substantial
credible evidence is “evidence that a reasonable mind might accept as adequate to support a
conclusion.” Campbell, ¶ 18. It may be less than a preponderance of the evidence, but must
be more than a mere scintilla. Campbell, ¶ 18.
¶8 At a trial or hearing on an involuntary commitment petition, the jury has to determine
whether the respondent is suffering from a mental disorder and whether the respondent
requires commitment. Section 53-21-126(1), MCA. Determining whether commitment is
required includes the consideration of a number of statutory criteria. Satisfaction of any one
of the criteria justifies a respondent’s commitment. Section 53-21-127(7), MCA. Relevant
to this appeal, one of the criteria provides for commitment where “the respondent, because of
a mental disorder, is substantially unable to provide for the respondent’s own basic needs of
food, clothing, shelter, health, or safety.” Section 53-21-126(1)(a), MCA.
¶9 Although M.W. argues the jury could not have reasonably found that he was unable to
provide for his own basic needs, his argument rests solely upon his own self-serving
testimony regarding his plan to secure shelter and food. This is contrary to the testimony
presented by Lawson, Williams, and Dr. McDermott that M.W. is unable to provide for his
basic needs. The issues in this case are factual and the jury’s verdict is supported by
substantial credible evidence. Accordingly, we have determined to decide this case pursuant
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to Section I, Paragraph 3(d) of our Internal Operating Rules, which provides for noncitable
memorandum opinions.
¶10 Affirmed.
/S/ MICHAEL E WHEAT
We Concur:
/S/ BETH BAKER
/S/ BRIAN MORRIS
/S/ JAMES C. NELSON
/S/ JIM RICE
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