STEVEN CURTIS KLEIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2002-03-22
No. 5D01-980
HARRIS and PALMER, JJ., concur.
810 So. 2d 1095 Florida District Court of Appeal, Fifth District (2002) Positive Treatment
Cited by 4 cases


Opinion of the Court
COBB, J.

COBB, J.

Steven Curtis Klein, appellant, appeals the final order adjudicating him a sexually violent predator pursuant to the Jimmy Ryce Act, section 394.911, et seq., Florida Statutes (1999).

Having carefully reviewed the record and briefs, we affirm the final order based on our decision in Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000), rev. granted, 786 So. 2d 1192 (Fla.2001).

As we did in Westerheide, we certify the following as questions of great public importance:

1)DOES THE JIMMY RYCE ACT VIOLATE THE EX POST FACTO CLAUSES OF THE UNITED STATES AND FLORIDA CONSTITUTIONS?

2) DOES THE JIMMY RYCE ACT VIOLATE THE DOUBLE JEOPARDY CLAUSES OF THE UNITED STATES AND FLORIDA CONSTITUTIONS?

3) DOES THE JIMMY RYCE ACT VIOLATE THE DUE PROCESS CLAUSES OF THE UNITED STATES AND FLORIDA CONSTITUTIONS?

4) DOES THE JIMMY RYCE ACT VIOLATE THE EQUAL PROTECTION CLAUSES OF THE UNITED STATES AND FLORIDA CONSTITUTIONS?

AFFIRMED; QUESTIONS CERTIFIED.

HARRIS and PALMER, JJ., concur.


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  • Hernandez v. State, 946 So. 2d 1270 (Fla. 2d DCA 2007)
    …lso B.P. v. State, 815 So. 2d 728, 730 (Fla. 5th DCA 2002) (reversing conviction where the defendant’s confession was admitted under section 92.565 in the absence of any other evidence that the offense charged had been committed); Peterson v. State, 810 So. 2d 1095, 1098 (Fla. 5th DCA 2002) (detailing the independent evidence considered by the trial court that corroborated the defendant’s confession before the confession was admitted into evidence under section 92.565). Ms. Shulman’s deposition was the only in…
  • T.O. v. Dep't of Child. & Families, 21 So. 3d 173 (Fla. 4th DCA 2009)
    …despite an order of the court to do so.” E.O. refused to testify about her parents, despite several attempts to elicit such testimony in different ways, and a court order would have served no purpose under these circumstances. See Peterson v. State, 810 So. 2d 1095,1099 (Fla. 5th DCA 2002). Because E.O. was unavailable to testify, her hearsay statements were admissible only if there was sufficient corroborating evidence of the sexual abuse. Other corroborating evidence is “ ‘evidence other than the alleged ch…
  • State v. Carroll, 103 So. 3d 929 (Fla. 2d DCA 2012)
    …ch is not the case here. Although education and experience with the criminal justice system are factors to be considered in the totality of the circumstances standard, these factors alone are not sufficient to establish coercion. Peterson v. State, 810 So. 2d 1095 (Fla. 5th DCA 2002) (holding that even though the defendant was functionally illiterate and of low normal intelligence, there was no showing that the confession was involuntary or coerced where the interview lasted only twenty-five minutes, there wa…

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