RALPH HAWKER, CARLOS PUMAREJO AND HERSHEL MEADOWS, PETITIONERS,
v.
WARDEN LAWRENCE GREER, SOUTH BAY CORRECTIONAL INSTITUTION, RESPONDENT
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The Fourth District affirmed the trial court's decision to allow the state nine days to amend its petition to comply with the Jimmy Ryce Act's requirement that ex parte probable cause determinations be supported by sworn proof, rejecting petitioners' argument for immediate release.
A trial court may grant the state a reasonable cure period to amend its petition to comply with the Jimmy Ryce Act's sworn proof requirement, and nine days is not an unreasonable amount of time.
[1] A trial court may grant the state a reasonable cure period to amend a petition to comply with the Jimmy Ryce Act's requirement that ex parte probable cause determinations…
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Join FLexlaw to unlock all legal intelligenceThree petitioners sought habeas corpus relief under the Jimmy Ryce Act. The trial court vacated the initial ex parte probable cause determinations bec…
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PER CURIAM.
We consolidate petitioners’ three petitions for writ of habeas corpus through which they seek their immediate release from detention under the Jimmy Ryce Act. See §§ 394.910-.931, Fla. Stat. (2001). The trial court vacated the initial, ex parte probable cause determinations in each case based on Melvin v. State, 804 So. 2d 460 (Fla. 2d DCA 2001) (concluding that the Jimmy Ryce Act’s ex parte probable cause determination must be supported by sworn proof in the form of a verified petition or affidavit). The state has not sought review of that ruling through its own petition, so the ruling is not before us for review.
Petitioners, however, seek review of the court’s decision to allow the state nine days to amend its petition to conform with Melvin’s requirements. Petitioners argue that because there is no valid probable cause determination now existing, they are entitled to immediate release.
We disagree based on Johnson v. Department of Children and Family Services, 747 So. 2d 402, 403 (Fla. 4th DCA 1999), in which this court allowed the state, seventy-two hours to file a sufficient multidisciplinary team report when the ex parte probable cause determination had been based on an insufficient report. See also Valdez v. Moore, 745 So. 2d 1009, 1011 (Fla. 4th DCA 1999) (allowing a five-day cure time where the state had not held the adversarial preliminary hearing within five days of detention). Also, we find that the nine-day length of the curing period — which includes a four-day holiday weekend — is not an unreasonable amount of time. We, therefore, deny the petitions.
WARNER, FARMER and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Kephart v. Kearney, 826 So. 2d 517 (Fla. 4th DCA 2002)…rs in this case, we conclude it is reasonable to allow the state a period of seven working days in which to present such affidavits or testimony to the circuit court that initially made the ex parte probable cause determination. See Hawker v. Greer, 801 So. 2d 168 (Fla. 4th DCA 2001); see generally Johnson v. Dep’t of Children & Family Servs., 747 So. 2d 402, 403 (Fla. 4th DCA 1999); Valdez v. Moore, 745 So. 2d 1009, 1011 (Fla. 4th DCA 1999). We therefore deny the petitions, without prejudice to their being r…
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Alverez v. State, 840 So. 2d 322 (Fla. 5th DCA 2003)…rified petition. We are, however, concerned that the seven working days allowed by the Fourth District may not be adequate, so we will allow the state to apply to the trial court for more time in any case where justice requires. See Hawker v. Greer, 801 So. 2d 168 (Fla. 4th DCA 2001). In all of the cases before us, the petitions and the reports of the multidisciplinary teams have been amended to add an oath after the issuance of the Melvin decision and the amendments appear to us adequate to cure the formal d…
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Mitchell v. State, 806 So. 2d 632 (Fla. 1st DCA 2002)…PER CURIAM. DENIED. See Hawker v. Greer, 801 So. 2d 168 (Fla. 4th DCA 2001). KAHN, VAN NORTWICK and LEWIS, JJ., concur.…
Authorities Cited
- Melvin v. State, 804 So. 2d 460 (Fla. 2d DCA 2001)
- Johnson v. Dep't OF Child. & Fam. Servs. OF the State OF Fla., 747 So. 2d 402 (Fla. 4th DCA 1999)
- Cal King v. State, 745 So. 2d 1009 (Fla. 2d DCA 1999)
- Valdez v. Moore, 745 So. 2d 1009 (Fla. 4th DCA 1999)