RUSSELL A. ECKROAD, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• In re Commitment OF Larry Phillips. Larry Phillips v. State, 69 So. 3d 951 (Fla. 2d DCA 2010)
  …for the violation of probation was legal except that the gain time award was “incorrect.” This argument is specious because the petitioner in Larimore was entitled to immediate release due to a misapplication of gain time. See also Madison v. State, 27 So. 3d 61, 63 (Fla. 1st DCA 2.009) (relying on Larimore to remand for the circuit court to consider gain time and other credits in determining whether Madison was in lawful custody at the time commitment proceedings were initiated). The State alternatively a…
• Anderson v. State, 93 So. 3d 1201 (Fla. 1st DCA 2012)
  …ates a civil commitment proceeding in either of the two ways provided by statute while the respondent is in lawful custody, the trial court’s exercise of jurisdiction over a petition filed pursuant to that proceeding is proper. See Madison v. State, 27 So. 3d 61, 63 (Fla. 1st DCA 2009) (“[T]he trial court had subject-matter jurisdiction to adjudicate the commitment petition only if Appellant was in lawful custody when the State referred Appellant to the multidisciplinary team for evaluation.... ”). The Thi…

  ← 1 / 2 →
• Rayvon L. Boatman v. State, 39 So. 3d 391 (Fla. 1st DCA 2010)
  …y complied with the Act’s provisions.” Mitchell v. State, 911 So. 2d 1211, 1219 (Fla.2005). Thus, dismissal without prejudice would release appellant from custody without depriving the trial court of jurisdiction over the case. See Madison v. State, 27 So. 3d 61, 63 (Fla. 1st DCA) (holding that the only jurisdictional requirement is that the respondent is in lawful custody when the state initiates commitment proceedings under the Jimmy Ryce Act by referring the respondent to the multidisciplinary team for e…