Department of Children & Families v. Ewell

Petitioner, the Department of Children and Family Services, (“Department”), seeks a writ of certiorari quashing the trial court’s order committing Respondent, Shannon Edward Ewell, to the Florida *328State Hospital for treatment to restore him to competency.1 The only medical expert who evaluated Ewell opined that Ewell ydll not be able to reach competency through any known therapeutic program. Section 916.13(l)(c), Florida Statutes (2006), requires that before a defendant is committed to the Department for competency restoration, there must be “clear and convincing evidence that ... [t]here is a…