District Court of Appeal of Florida

A petition for a writ of habeas corpus from an order involuntarily committing petitioner, a severely brain injured individual, is granted where no evidence was presented to establish a substantial probability that the mental illness causing petitioner's incompetence will respond to treatment sufficient to restore his competency to proceed to trial in a felony case in the reasonably foreseeable future.

Appellate Information

• Decided 11/08/2006
• Published 11/08/2006

Judges

• NORTHCUTT, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• James Marion Moorman, Public Defender, and Robert A. Young and Richard N. Blank, Assistant Public Defenders, Bartow, for Petitioner.


• For Appellees:
  
• Charles J. Christ, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Respondents Grady C. Judd, Jr., Sheriff of Polk County, and the State of Florida., Charles D. Peters, Orlando, for Respondent Lucy Hadi.