Legal Opinion

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Florida Attorney General Reports

Decided August 25, 1975Published

1Opinion of the Court

QUESTION: Is the consent of the committing court required before an accused person who has been committed to, and detained in, a mental institution under the procedures prescribed in subsections (a)(3) and (a)(5) of Rule 3.210, Florida Rules of Criminal Procedure, may be discharged from the mental institution if the criminal charges against him have not been nol prossed?

SUMMARY: Pending judicial clarification, a person accused of crime who has been found by the court to be mentally incompetent to stand trial in the foreseeable future and has been committed to a mental institution in civil…

2Cases cited15 opinions

  1. Jackson v. IndianaSupreme Court of the United States · 1972
  2. In Re Florida Rules of Criminal ProcedureSupreme Court of Florida · 1973
  3. Perkins v. MayoSupreme Court of Florida · 1957
  4. Haworth v. ChapmanSupreme Court of Florida · 1933
  5. Washington v. T. Smith & SonLouisiana Court of Appeal · 1953

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