Boatman v. State, 77 So. 3d 1242

Boatman was convicted of sexual battery and later evaluated for Jimmy Ryce Act commitment; CS filed 10/01/2008 seeking involuntary commitment after 30-day period from probable cause; trial was continued multiple times for good cause totaling about four-and-a-half months; Boatman objected to continuance but was tried and found a sexually violent predator; First District held that the 30-day deadline was not properly extended and Boatman might get relief but ultimately affirmed commitment; Florida Supreme Court held that challenges to pretrial detention may be raised pretrial by habeas corpus or post-trial on appeal, but relief is not available if no impact on trial fairness and the claim concerns pretrial detention only; Boatman’s challenge here concerned pretrial detention length and lacked a showing of impact on trial fairness.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a pretrial challenge must be raised before trial or waived.	Boatman—waived claim by delaying.	State—waiver should apply if not raised pretrial.	Negative; challenge may be raised pretrial or on appeal.
Whether relief of release and dismissal is available when the challenge is raised after trial without showing trial impact.	Boatman—release/dismissal should be available.	State—no relief without trial-impact showing.	Negative; relief not available absent impact on trial fairness.

Goode, 830 So.2d 817 (Fla. 2002) (mandatory thirty-day rule; remedy precedents for pretrial detention)
Kinder I, 779 So.2d 512 (Fla. 2000) (early cases on thirty-day rule; pretrial timing concerns)
Kinder II, 830 So.2d 832 (Fla. 2002) (continuance timing and remedy considerations)
Osborne v. State, 907 So.2d 505 (Fla. 2005) (release and dismissal without prejudice for prolonged pretrial detention)
Murray v. Regier, 872 So.2d 217 (Fla. 2002) (habeas corpus as proper pretrial challenge vehicle)
Westerheide v. State, 831 So.2d 93 (Fla. 2002) (protective procedural safeguards under the Act)