Taylor v. State
2011 Fla. App. LEXIS 7427
| Fla. Dist. Ct. App. | 2011Background
- Mr. Taylor, after serving 15 years for armed sexual battery, faced a Jimmy Ryce Act petition for involuntary commitment in 2002.
- First petition filed May 5, 2002; probable cause found ex parte and counsel appointed.
- Adversarial probable cause hearing set beyond 30 days; parties agreed to a “limited waiver of speedy trial.”
- Hearing delayed; probable cause found December 5, 2002; trial date not set; further continuances occurred for almost five years.
- February 4, 2010, Taylor moved to dismiss the petition seeking immediate release; the court denied, citing a distinct civil-detainee obligation.
- July 16, 2010, the trial court dismissed the petition without prejudice, and the state filed notice of appeal and later an amended petition filed September 30, 2010; custody status at filing is the central issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the amended petition was filed while Taylor was in lawful custody. | Taylor not in custody at time of amended filing. | State contends custody existed; seeks continued proceedings. | No jurisdiction; Taylor not in lawful custody when amended petition filed. |
| Whether dismissal of the first petition without prejudice terminated the case and whether the state could refile. | Dismissal without prejudice precludes current petition. | State may refile after a lawful custody change. | Dismissal without prejudice ended that petition; refiling requires lawful custody at filing. |
| Whether the state could cure the time-limit deficiency by refiling the petition as an amended pleading. | Amended petition relates back to the first filing. | Relation back would undermine statutory time limits. | Second petition not related back; time limits apply independently. |
| Whether the automatic stay and appellate actions affected the current petition. | State retained potential stay or appeal remedies. | State dismissed appeal and schedules changed. | State waived and cannot rely on stay to justify renewed custody; jurisdiction lacking. |
Key Cases Cited
- Larimore v. State, 2 So.3d 101 (Fla. 2008) (custody status at initiation required for jurisdiction under Jimmy Ryce Act)
- Goode, 880 So.2d 817 (Fla. 2002) (thirty-day limit mandatory but not jurisdictional; dismissal without prejudice permitted)
- State v. Goode, 22 So.3d 750 (Fla. 2d DCA 2009) (dismissal without prejudice permits future petition after custody change)
- Ward v. State, 986 So.2d 479 (Fla. 2008) (thirty-day period as procedural bar, not ultimate preclusion)
- Osborne v. State, 907 So.2d 505 (Fla. 2005) (dismissal without prejudice is proper remedy for missed time limit)
- Boatman v. State, 39 So.3d 391 (Fla. 1st DCA 2010) (context of continuance and prejudice considerations in Ryce cases)