JOHN A. FLEMING, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• D.F. v. State, 248 So. 3d 1232 (Fla. 5th DCA 2018)
  …are entitled to the [*1234] strict enforcement of their fundamental due process rights." Doe v. State , 217 So. 3d 1020, 1026 (Fla. 2017). The State must prove by clear and convincing evidence that involuntary commitment is necessary. In re Lehrke , 12 So. 3d 307, 308 (Fla. 2d DCA 2009). Importantly, the mere fact that an individual might suffer from a mental illness is not sufficient standing alone to justify involuntary commitment. Singletary v. State , 765 So. 2d 180, 181 (Fla. 1st DCA 2000). Rather, the…
• C.W. v. State, 214 So. 3d 796 (Fla. 5th DCA 2017)
  …rs. The State properly concedes error and agrees that the writ of habeas corpus should be granted. Accordingly, we grant C.W.’s petition for writ of habeas corpus and order his immediate release. See § 394.467(1)(a), Fla. Stat. (2016); In re Lehrke, 12 So. 3d 307, 308-09 (Fla. 2d DCA 2009) (citing Blue v. State, 764 So. 2d 697, 698 (Fla. 1st DCA 2000)). No motion for rehearing will be entertained. PETITION GRANTED. PALMER, BERGER and EDWARDS, JJ., concur. . § 394.463(2)(a)3., Fla. Stat. (2016). . The inv…
• K.C. v. State, 190 So. 3d 242 (Fla. 5th DCA 2016)
  …he lower court pursuant to section 394.467, Florida Statutes (2015), is improper because the evidence presented at the hearing did not establish, by clear and convincing evidence, that Petitioner was a. danger to herself or others. See In re Lehrke, 12 So. 3d 307, 308 (Fla. 2d DCA 2009). In its response, the State acknowledges that Petitioner “appears [to have] established grounds ,.. to grant the petition.” We agree. Accordingly, the Petition for Writ of Ha-beas Corpus is granted, the order of involuntary…

Authorities Cited

• Wigdor v. Wigdor, 917 So. 2d 898 (Fla. 3d DCA 2005)