JAMES RANDY DEMICK, APPELLANT,
v.
LUCY HADI, SECRETARY, DEPARTMENT OF CHILDREN AND FAMILY SERVICES; AND RICK HARRY, EXECUTIVE DIRECTOR, FLORIDA CIVIL COMMITMENT CENTER, APPELLEES
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The court reversed the trial court's dismissal of a habeas corpus petition challenging civil detention under the Jimmy Ryce Act, holding that alleged violations of statutory time requirements are proper grounds for habeas relief and must be decided on the merits rather than dismissed categorically.
Violations of statutory time standards under the Jimmy Ryce Act constitute proper grounds for habeas corpus relief and cannot be dismissed categorically without consideration of the merits.
[1] Violations of statutory time requirements under the Jimmy Ryce Act constitute proper grounds for habeas corpus relief and may not be dismissed categorically without consi…
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Join FLexlaw to unlock all legal intelligence“Ennis's contention that the State did not comply with the time requirements of the Ryce Act does raise an issue that is properly the subject of a habeas petition.”
The court cited Ennis v. Regier to support that time requirement violations are proper habeas grounds.
James Randy Demick filed a habeas corpus petition challenging his civil detention under the Jimmy Ryce Act, arguing the State failed to comply with ti…
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DAVIS, Judge.
James Randy Demick challenges the trial court order dismissing his petition for writ of habeas corpus filed in response to his civil detention under the Jimmy Ryce Act.1 We reverse.
In his petition below, Demick argued that the State failed to comply with the various time standards set forth in section 394.9135, Florida Statutes (2003). The trial court dismissed the petition, concluding that Demiek’s arguments did not “fall into the limited category of grounds upon which the Petitioner may file a petition seeking a writ of habeas corpus.”
On appeal, Appellees, the Secretary of the Department of Children and Family Services and the Executive Director of the Florida Civil Commitment Center, properly concede that the trial court erred in dismissing the petition. See Ennis v. Regier, 869 So. 2d 701, 703 (Fla. 2d DCA 2004) (“Ennis’s contention that the State did not comply with the time requirements of the Ryce Act does raise an issue that is properly the subject of a habeas petition.”).
Appellees, however, argue that the trial court was right for the wrong reason because the petition filed below was successive. Based on the record before us, we cannot determine the merits of this argument. Accordingly, we reverse the trial court’s dismissal of Demick’s petition and remand to the trial court with instructions to decide the petition on the merits. Ap-pellees may raise their “successive petition” argument below.
Reversed and remanded.
STRINGER and WALLACE, JJ., Concur. . §§ 394.910-.931, Fla. Stat. (2003).
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Cliff Bluntson v. Fla. Parole Comm'n, 910 So. 2d 896 (Fla. 1st DCA 2005)…hout issuing an order to show cause. Fla. R. Civ. P. 1.630(d). Accordingly, we grant the petition for writ of certiorari, quash the [*897] circuit court’s order and remand this cause for further proceedings. See Lane v. Florida Probation Commission, 894 So. 2d 1087 (Fla. 1st DCA 2005). PETITION GRANTED. DAVIS, BENTON and VAN NORTWICK, JJ., concur.…
Authorities Cited
- Ennis v. Regier, 869 So. 2d 701 (Fla. 2d DCA 2004)