October 16 2007
DA 07-0458
IN THE SUPREME COURT OF THE STATE OF MONTANA
2007 MT 260N
IN THE MATTER OF
E.J.W.,
A Youth in Need of Care.
APPEAL FROM: District Court of the Eleventh Judicial District,
In and For the County of Flathead, Cause No. DN 04-024(C)
Honorable Stewart E. Stadler, Presiding Judge
COUNSEL OF RECORD:
For Appellant:
Jim Wheelis, Chief Appellate Defender; Shannon. McDonald,
Assistant Appellate Defender, Helena, Montana
For Appellee:
Honorable Mike McGrath, Attorney General; Mark W. Mattioli,
Assistant Attorney General, Helena, Montana
Ed Corrigan, Flathead County Attorney, Kalispell, Montana
Submitted on Briefs: October 3, 2007
Decided: October 16, 2007
Filed:
__________________________________________
Clerk
Chief Justice Karla M. Gray delivered the Opinion of the Court.
¶1 Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal
Operating Rules, as amended in 2003, the following memorandum decision shall not be cited
as precedent. It shall be filed as a public document with the Clerk of the Supreme Court and
its case title, Supreme Court 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 A.C., the biological father of E.J.W., appeals from the order entered by the Eleventh
Judicial District Court, Flathead County, terminating his parental rights. A.C. asserts the
District Court abused its discretion in denying his motion to continue the termination hearing
for at least 90 days, in light of his then-recently-filed post-appeal motion to withdraw his no
contest pleas in a related criminal proceeding.
¶3 We have determined to decide this case pursuant to Section I, Paragraph 3(d), of our
1996 Internal Operating Rules, as amended in 2003, which provides for memorandum
opinions. It is manifest on the face of the briefs and the record that this appeal is without
merit because the District Court clearly did not abuse its discretion.
¶4 Affirmed.
/S/ KARLA M. GRAY
We concur:
/S/ JAMES C. NELSON
/S/ PATRICIA COTTER
2
/S/ JIM RICE
/S/ BRIAN MORRIS
3
Matter of E.J.W.
Combined Opinion