Legal Opinion · Dissent

Asman v. State

District Court of Appeal of Florida

Decided May 8, 1985No. 84-1220Published

1DissentBarkett, Judge

I respectfully dissent.

Section 394.467, Florida Statutes (1983) (“the Baker Act”), provides for the involuntary commitment of individuals to mental health facilities when those individuals are shown to have met five criteria:

394.467. Involuntary placement(1) Criteria.—(b) A person may be involuntarily placed for treatment upon a finding by the court of clear and convincing evidence that:

1. He suffers from an apparent or manifest mental illness;

2. He has refused voluntary placement for treatment after sufficient and conscientious explanation and disclosure of the purpose of placement for…

2Cases cited4 opinions

  1. In Re BeverlySupreme Court of Florida · 1977
  2. Reigosa v. StateDistrict Court of Appeal of Florida · 1978
  3. In Re HollandDistrict Court of Appeal of Florida · 1978
  4. Williams v. WilsonDistrict Court of Appeal of Florida · 1982

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