McCaskill v. McMillan

I concur with the majority’s disposition of the case involving McCaskill’s petition, but dissent as to its disposition of the three remaining cases, because I agree with the Second District’s construction of rule 3.133(b), as set forth in Thomas v. Dyess, 557 So.2d 196, 197 (Fla. 2d DCA 1990).1

Although rule 3.133(b) applies generally to adversary preliminary hearings, I believe that subsections (b)(1) and (b)(6) describe independent, although interrelated, procedures. Subsection (b)(6) requires automatic release of a defendant who has remained in custody for more than 40 days unless he or she…