J.F., Petitioner, v. STATE (2018)

District Court of Appeal of Florida, Fifth District.

J.F., Petitioner, v. STATE of Florida, Respondent.

Case No. 5D18–0082

Decided: January 11, 2018

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.

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.

PER CURIAM.

PALMER, BERGER and EISNAUGLE, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network