Bishop v. Sheldon
2010 Fla. App. LEXIS 18333
Fla. Dist. Ct. App.2010Background
- Bishop, a committed person under the Jimmy Ryce Act, petitions for writ of habeas corpus seeking immediate release from the Florida Civil Commitment Center.
- Bishop challenges the circuit court's subject-matter jurisdiction, arguing he was not in lawful custody when commitment proceedings commenced.
- The commitment petition was filed after Bishop's resentencing under Heggs, which altered his custody status.
- Larimore v. State (2008) and Atkinson (2002) control whether one must be in lawful custody at the initiation of commitment proceedings.
- The court must determine the precise custodial date(s), including gain time considerations, to assess custody at commencement; an evidentiary hearing is needed; the petition is transferred for such hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court had jurisdiction if Bishop was not in lawful custody at initiation. | Bishop argues he was not in lawful custody when proceedings began. | State contends Larimore/Atkinson do not bar proceedings; custody may have started earlier. | Transfer for evidentiary custody hearing; jurisdiction unresolved. |
| Whether Larimore and Atkinson apply to determine custody at initiation of proceedings. | Larimore/Atkinson require lawful custody at initiation. | Dissent argues misapplication; proceed with petition. | Larimore/Atkinson apply; need factual custody determination. |
| What is the proper procedural remedy given custodial status is uncertain? | Petition should be granted if custody not established. | Proceed with adjudication only after factual hearing. | Transfer to circuit court for evidentiary hearing. |
| When exactly were the commitment proceedings initiated under the statute? | Written notice dates may precede the petition; impact custody date. | State argues initiation aligned with petition; details unresolved. | Factual hearing required to determine precise initiation date. |
Key Cases Cited
- Larimore v. State, 2 So.3d 101 (Fla.2008) (not in lawful custody when commitment proceedings initiated)
- Atkinson v. State, 831 So.2d 172 (Fla.2002) (custody on Act's effective date; lawful custody analysis guides)
- Murray v. Regier, 872 So.2d 217 (Fla.2002) (habeas review of legality of detention under civil commitment)
- Madison v. State, 27 So.3d 61 (Fla.1st DCA 2009) (remand for evidentiary custody determination)
- Tripp v. State, 622 So.2d 941 (Fla.1993) (credit against sentences relevant to custody analysis)