GREGORY O'NEIL HENDERSON,
v.
THE STATE OF FLORIDA,
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial court's finding that a respondent continues to meet criteria for civil commitment as a sexually violent predator following a statutorily mandated annual review is affirmed when supported by the record.
[1] Claims of ineffective assistance of counsel in involuntary civil commitment of sexually violent predator cases cannot be raised on direct appeal except in rare instances…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“claims of ineffective assistance of counsel in involuntary civil commitment of sexually violent predator cases cannot be raised on direct appeal, except in those rare instances where counsel's ineffectiveness can be discerned from the face of the record”
The court explained the procedural mechanism for raising ineffective assistance claims in SVP cases, directing Henderson to pursue such claims through habeas corpus rather than direct appeal.
Gregory O'Neil Henderson was subject to civil commitment as a sexually violent predator under Florida's Involuntary Civil Commitment of Sexually Viole…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Involuntary Civil Commitment Of Sexually Violent Predators Act cases and more on FLexlaw
Third District Court of Appeal State of Florida
Opinion filed August3, 2022. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-1876 Lower Tribunal Nos. 14-21803, F89-49366, F89-43031, F89-43757 ________________
Gregory O'Neil Henderson, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Michelle Delancy, Judge.
Gregory O'Neil Henderson, in proper person.
Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.
Before EMAS, SCALES and GORDO, JJ.
PER CURIAM.
2
Gregory O’Neil Henderson, the respondent below, appeals from a final order which found, following a statutorily mandated annual review, that Henderson continues to meet criteria for civil commitment as a sexually violent predator within the meaning of the Involuntary Civil Commitment of Sexually Violent Predators Act. See generally §§ 394.910-394.932, Fla. Stat. (2021). We find no merit in the claims raised on appeal by Henderson, and affirm. To the extent Henderson has asserted a claim of ineffective assistance of his appointed counsel, we affirm such claim without prejudice to the filing of a petition for writ of habeas corpus pursuant to rule 4.460, Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators.1 See Bohner v. State, 157 So. 3d 526 (Fla. 1st DCA 2015) (recognizing that, as in criminal cases, claims of ineffective assistance of counsel in involuntary civil commitment of sexually violent predator cases cannot be raised on direct appeal, except in those rare instances where counsel’s ineffectiveness can be discerned from the face of the record); Ivey
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ivey v. Dep't OF Child. & Fam. Servs., 974 So. 2d 480 (Fla. 2d DCA 2008)
- Chestnut v. Fla. Dep't OF Corr., 157 So. 3d 526 (Fla. 1st DCA 2015)