Legal Opinion
In Re Commitment of Phillips
District Court of Appeal of Florida
Decided December 1, 2010No. 2D10-240PublishedCited by 7 opinions
1Per curiam
Larry Phillips, a detained person under the Involuntary Civil Commitment of Sexually Violent Predators Act1 (the Act) who is currently awaiting trial on the commitment petition, seeks a writ of prohibition to prevent the circuit court of Collier County from conducting further proceedings on the commitment petition. He asserts that the circuit court does not have jurisdiction to adjudicate the commitment petition filed under the Act because he was not in lawful custody at the time that proceedings under the Act were commenced. We agree that Phillips is entitled to relief on this basis.2
The…
2Cases cited14 opinions
- Weaver v. GrahamSupreme Court of the United States · 1981
- Tripp v. StateSupreme Court of Florida · 1993
- Larimore v. StateSupreme Court of Florida · 2009
- Waldrup v. DuggerSupreme Court of Florida · 1990
- State v. AtkinsonSupreme Court of Florida · 2002
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3Cited by7 opinions
- Smith v. StateDistrict Court of Appeal of Florida · 2012
- State v. PhillipsSupreme Court of Florida · 2013
- Evans v. StateDistrict Court of Appeal of Florida · 2013
- Bishop v. SheldonDistrict Court of Appeal of Florida · 2010
- Evans v. StateDistrict Court of Appeal of Florida · 2013
2 more not listed; retrieve them via the Exa API.