J.F.
v.
STATE
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A petitioner committed to involuntary inpatient placement must be released by habeas corpus when the record contains no clear and convincing evidence that he is a danger to himself or others.
[1] Involuntary inpatient commitment under Florida law requires clear and convincing evidence that the patient is a danger to himself or others, and absent such evidence, a p…
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Join FLexlaw to unlock all legal intelligenceJ.F. was involuntarily placed at Stewart-Marchman-Act in Daytona Beach, Florida for inpatient treatment. The record did not contain clear and convinci…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT J.F.,
Petitioner,
v. Case No. 5D18-0082 L.T. No. 2017-10015-MHDL STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed January 11, 2018 Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction. James S. Purdy, Public Defender, and Wilber L. Cooke, II, Assistant Public Defender, Daytona Beach, for Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, and Caroline Johnson Levine, Assistant Attorney General, Tampa, for Respondent. PER CURIAM.
J.F. petitions this court for a writ of habeas corpus, arguing that he is entitled to immediate release from involuntary inpatient placement at Stewart-Marchman-Act in Daytona Beach, Florida, because the record does not contain clear and convincing evidence that he is a danger to himself or others. The State properly concedes error and agrees that the writ of habeas corpus should be granted. Accordingly, we grant the petition and order his immediate release. See § 394.467(1)(a), Fla. Stat. (2017); C.W. v. State, 214 So. 3d 796, 797 (Fla. 5th DCA 2017) (citing In re Lehrke, 12 So. 3d 307, 308-09 (Fla. 2d DCA 2009)). No motion for rehearing will be entertained. PETITION GRANTED.
PALMER, BERGER and EISNAUGLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- In re Involuntary Placement of Michael Lehrke: Michael Lehrke v. State, 12 So. 3d 307 (Fla. 2d DCA 2009)
- Brussot v. Duval Brussot, 214 So. 3d 796 (Fla. 4th DCA 2017)