Brantley v. Rubio

ON MOTION FOR REHEARING

This Court previously denied petitioner Florida Department of Children and Family Services’ Emergency Motion for Stay Pending Review and their Petition for Writ of Prohibition seeking to vacate a trial court order committing respondent Miguel Rubio to the custody of the Department. Upon consideration of petitioner’s motion for rehearing, the motion is denied.

Three experts examined Rubio in order to determine his competency to stand trial. Dr. Lloyd Miller determined that Rubio was probably mentally competent to participate in legal proceedings, but due to his worsening…