Legal Opinion

D.M.H. v. Pietilla

District Court of Appeal of Florida

Decided April 23, 2010No. 5D09-351Published

1Opinion of the CourtCohen, J.

D.M.H. appeals the denial of her petition for -writ of habeas corpus. The issue D.M.H. raises is whether her confinement is unlawful because the hearing on her Baker Act 1 petition, which sought involuntary inpatient placement, was not held within five calendar days. We affirm.

When a petition for involuntary placement is filed under the Baker Act, either involuntary outpatient or involuntary inpatient placement may be sought. §§ 394.4655(6)(a)l„ 394.467(6)(a)l., Fla. Stat. (2008). If involuntary outpatient placement is sought, the trial court must hold a hearing “within 5 working days.” §…

2Cases cited3 opinions

  1. Maddox v. StateSupreme Court of Florida · 2006
  2. State v. Mark Marks, PASupreme Court of Florida · 1997
  3. Canonico v. CallawayDistrict Court of Appeal of Florida · 2010

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