Demick v. Hadi

DAVIS, Judge.

James Randy Demick challenges the trial court order dismissing his petition for writ of habeas corpus filed in response to his civil detention under the Jimmy Ryce Act.1 We reverse.

In his petition below, Demick argued that the State failed to comply with the various time standards set forth in section 394.9135, Florida Statutes (2003). The trial court dismissed the petition, concluding that Demiek’s arguments did not “fall into the limited category of grounds upon which the Petitioner may file a petition seeking a writ of habeas corpus.”

On appeal, Appellees, the Secretary of the…