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Montanans Against Assisted Suicide Maas(MAAS) v. Board of Medical Examiners

Supreme Court of Montana

April 28, 2015

MONTANANS AGAINST ASSISTED SUICIDE (MAAS), a Montana Nonprofit Public Benefit Corporation, Petitioner and Appellant,
v.
BOARD OF MEDICAL EXAMINERS, MONTANA DEPARTMENT OF LABOR & INDUSTRY, Respondent and Appellee

Submitted on Briefs: March 25, 2015.

Released for Publication May 14, 2015.

Page 1245

APPEAL FROM: District Court of the First Judicial District, In and For the County of Lewis and Clark, Cause No. ADV-2012-1057. Honorable Mike Menahan, Presiding Judge.

For Appellant: Craig D. Charlton, Charlton Law Firm, PLLC; Helena, Montana; Margaret K. Dore, Law Offices of Margaret K. Dore, PS; Seattle, Washington.

For Appellee: Timothy C. Fox, Montana Attorney General, Michael L. Fanning, Special Assistant Attorney General; Helena, Montana.

MICHAEL E WHEAT. We Concur: MIKE McGRATH, BETH BAKER, JAMES JEREMIAH SHEA, JIM RICE. Justice Michael E Wheat delivered the Opinion of the Court.

OPINION

Page 1246

[379 Mont. 12] Michael E Wheat, Justice.

[¶1] Montanans Against Assisted Suicide (MAAS) appeals from the order of the Montana First Judicial District Court, Lewis and Clark County, dismissing as moot MAAS's petition for declaratory judgment and equitable relief. We affirm.

ISSUE

[¶2] We review the following issue: Did the District Court err when it dismissed MAAS's petition as moot?

FACTUAL AND PROCEDURAL BACKGROUND

[¶3] On December 31, 2009, we issued our opinion in Baxter v. State, 2009 MT 449, 354 Mont. 234, 224 P.3d 1211. We held " that under § 45-2-211, MCA, a terminally ill patient's consent to physician aid in dying constitutes a statutory defense to a charge of homicide against the aiding physician ...


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