EUGENE JOHNSON, PETITIONER,
v.
THE HONORABLE RICHARD YALE FEDER, CIRCUIT JUDGE, ELEVENTH JUDICIAL CIRCUIT, DADE COUNTY, FLORIDA, RESPONDENT
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Eugene Johnson, acquitted by reason of insanity for murder, sought a writ of mandamus requiring the trial court to schedule an annual hearing on his continued hospitalization and appoint counsel and psychiatric experts. The Florida District Court of Appeal affirmed the trial court's denial, holding that Rule 3.218 does not mandate annual hearings absent a hospital report indicating the acquittee no longer meets involuntary hospitalization criteria.
Rule 3.218 does not mandate annual hearings or appointment of counsel and experts. Rather, the hearing is triggered only when a hospital administrator reports that the insanity acquittee no longer meets criteria for involuntary hospitalization. The rule serves to protect public safety and preserve the committing court's control over release of insanity acquittees.
[1] A hearing on the release of an insanity acquittee is not triggered unless the hospital administrator reports that the acquittee no longer meets the criteria for involunta…
[2] Florida Rule of Criminal Procedure 3.218 vindicates the committing court's ability to control the circumstances surrounding the release of an insanity acquittee.
Previewing 2 of 4 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“the hearing required by the rule is not triggered unless and until the hospital administrator reports to the committing court that an insanity acquittee no longer meets the criteria for involuntary hospitalization”
Establishes the court's interpretation that Rule 3.218 hearings are triggered by changed condition reports, not automatic annual review
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJohnson was charged with murder and adjudged not guilty by reason of insanity on April 22, 1981. He was committed to the Department of Health and Reha…
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JORGENSON, Judge.
Eugene Johnson was charged with several counts of murder and was adjudged not guilty by reason of insanity on April 22, 1981. He was subsequently committed to the Department of Health and Rehabilitative Services for involuntary hospitalization pursuant to section 916.15, Florida Statutes (1981), and Florida Rule of Criminal Procedure 3.217(b). The trial court received periodic reports regarding Mr. Johnson’s status from the hospital, each of which concluded that Johnson met the criteria for continued involuntary hospitalization. The latest of those reports was rendered on April 19, 1984.
Relying on Florida Rule of Criminal Procedure 3.218, Johnson argues that he is entitled to appointment of counsel, psychiatric experts, and the scheduling of an annual hearing before the committing court. Johnson makes this argument notwithstanding the fact that there is utterly no evidence indicating any change in his condition.1
Johnson incorrectly seeks relief under Florida Rule of Criminal Procedure 3.218. Contrary to his assertion that the rule requires an annual hearing by the committing court in order to satisfy due process criteria, we perceive the function and purpose of this rule in an entirely different light. We agree with the trial court that the hearing required by the rule is not triggered unless and until the hospital administrator reports to the committing court that an insanity acquittee no longer meets the criteria for involuntary hospitalization. The rule vindicates the committing court’s ability to control the circumstances surrounding the release from custody of an insanity acquittee. See In re Connors, 332 So. 2d 336 (Fla.), cert, denied, 429 U.S. 999, 97 S.Ct. 525, 50 L.Ed.2d 609 (1976); see also Hill v. State, 358 So. 2d 190, 197 (Fla. 1st DCA 1978). The rule also serves to protect the public from an inadvertent administrative release of an insanity acquit-tee.2
We certify that our decision is in express and direct conflict with McShay v. State, 447 So. 2d 444 (Fla. 2d DCA 1984).
Petition for writ of mandamus denied.
. There is only Johnson’s bare statement that he “has been doing well.”
. Johnson has other remedies available if he wishes to test the lawfulness of his hospitalization.
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Johnson v. Feder, 485 So. 2d 409 (Fla. 1986)…BARKETT, Justice. This cause is before the Court on petition for review because the decision below, Johnson v. Feder, 463 So. 2d 431 (Fla. 3d DCA 1985), conflicts with McShay v. State, 447 So. 2d 444 (Fla.2d DCA 1984). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash the decision below and adopt the holding of the Second District in McShay. Petitioner, Eugene Johnso…
Authorities Cited
- Reese v. United States Parole Comm'n, 429 U.S. 999 (U.S. 1976)
- Hill v. State, 358 So. 2d 190 (Fla. 1st DCA 1978)
- In re Connors, 332 So. 2d 336 (Fla. 1976)
- McSHAY v. State, 447 So. 2d 444 (Fla. 2d DCA 1984)