L.G., PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT.
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The court granted L.G.'s habeas corpus petition and ordered his immediate release from involuntary psychiatric confinement because the trial court lacked clear and convincing evidence that he was a danger to himself or others as required by the Baker Act.
A trial court cannot order involuntary psychiatric confinement under the Baker Act without clear and convincing evidence that the person is a danger to himself or others.
[1] Involuntary psychiatric confinement under the Baker Act requires clear and convincing evidence that the person is a danger to himself or others; testimony that a person w…
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Join FLexlaw to unlock all legal intelligenceL.G. was admitted to Halifax Health Medical Center in May 2018 pursuant to the Baker Act for involuntary examination. At a Baker Act hearing on May 24…
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*419L.G. petitions for a writ of habeas corpus for his release from his involuntary confinement at the Halifax Health Medical Center (Medical Center) in Daytona Beach, Florida. In May 2018, pursuant to the Baker Act,1 L.G. was admitted to the Medical Center for involuntary examination. On May 24, 2018, the trial court held a Baker Act hearing. After hearing the treating physician's testimony that L.G. would benefit from ongoing care, the trial court ordered L.G. to remain in the Medical Center for four weeks under a continuance, over L.G.'s objection.
L.G. asserts that he is entitled to immediate release because the record does not contain clear and convincing evidence that he is a danger to himself or others. The State properly concedes error and agrees that this court should grant the writ of habeas corpus. Accordingly, we grant L.G.'s petition for writ of habeas corpus and order his immediate release. See C.W. v. State, 214 So.3d 796, 797 (Fla. 5th DCA 2017) (granting habeas corpus petition where trial court involuntarily committed petitioner without clear and convincing evidence that he was a danger to himself or others) (citing § 394.467(1)(a), Fla. Stat. (2016) ; In re Lehrke, 12 So.3d 307, 308-09 (Fla. 2d DCA 2009) ). No motion for rehearing will be entertained.
PETITION GRANTED.
EVANDER, WALLIS and EDWARDS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- In re Involuntary Placement of Michael Lehrke: Michael Lehrke v. State, 12 So. 3d 307 (Fla. 2d DCA 2009)
- Fleming v. State, 12 So. 3d 307 (Fla. 4th DCA 2009)
- Brussot v. Duval Brussot, 214 So. 3d 796 (Fla. 4th DCA 2017)
- C.W. v. State, 214 So. 3d 796 (Fla. 5th DCA 2017)