MAE FRANCIS THURSTON, PETITIONER,
v.
NICK NAVARRO, AS SHERIFF OF BROWARD COUNTY, AND GREGORY L. COLER, AS SECRETARY OF THE FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, RESPONDENTS
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PER CURIAM.
We grant the petition for writ of habeas corpus, quash the order under review, remand for further proceedings, and accordingly, order petitioner released forthwith.
Prior to the trial court finding petitioner not guilty by reason of insanity, three court appointed doctors and two privately retained doctors each found petitioner did not meet the criteria for involuntary commitment under section 916.15, Florida Statutes (1987). After finding petitioner not guilty by reason of insanity, without any other expert testimony being presented, the trial court found petitioner met such criteria and ordered her committed to the Department of Health and Rehabilitative Services to be placed in a mental health treatment facility.
The trial court improperly chose to reject the uncontradicted expert opinion testimony that petitioner did not meet the criteria for involuntary commitment.
We do not foreclose the State from seeking whatever treatment of petitioner is permitted by law to insure her safety and the safety of others. Fla.R.Crim.P. 3.217(b).
DELL, WALDEN and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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James v. MacNEIL, 586 So. 2d 98 (Fla. 5th DCA 1991)…v. State, 546 So. 2d 436 (Fla. 5th DCA 1989) (habeas corpus petition granted and petitioner discharged from order of commitment for involuntary treatment under the Comprehensive Alcoholism Prevention Control and Treatment Act); Thurston v. Navarro, 546 So. 2d 448 (Fla. 4th DCA 1989) (habeas corpus petition seeking release from involuntary commitment under section 916.15; petition granted and order of commitment quashed). Furthermore, “[s]tatutes which authorize the deprivation of an individual’s liberty must…
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Hansel Clarke v. Regier, 881 So. 2d 656 (Fla. 3d DCA 2004)…that habeas corpus is the proper remedy to obtain a person’s release from an order of involuntary commitment to the custody of the Department of Children and Families. MacNeil v. State, 586 So. 2d 98 (Fla. 5th DCA 1991); [*657] Thurston v. Navarro, 546 So. 2d 448 (Fla. 4th DCA 1989). Petitioner was committed to the custody of the Department following his acquittal by reason of insanity for a homicide he committed in 1978. Many years later, he was granted conditional release. In 1992, petitioner pled guilty t…
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Morrow v. State, 153 So. 3d 402 (Fla. 1st DCA 2014)…e, finding that Morrow did not meet the criteria for involuntary commitment, a finding unchallenged by any other evidence in the record, the trial court is precluded from validly ordering Morrow’s involuntary commitment. Compare Thurston v. Navarro, 546 So. 2d 448, 449 (Fla. 4th DCA 1989) (granting petition for writ of habeas corpus and quashing involuntary commitment order where trial court rejected uncontroverted expert medical opinion testimony that defendant did not meet criteria for involuntary commitmen…
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