Daryl McGee v. State of Florida

Summary

The Third District Court of Appeal of Florida denied Daryl McGee’s petition for writ of certiorari challenging an order involuntarily committing him for competency restoration treatment. The court held that clear and convincing evidence supported a substantial probability that McGee’s competency would be restored through medication and treatment in a structured setting. The court found no departure from the essential requirements of law.

Holdings

1. A petitioner challenging an involuntary competency-restoration commitment order by certiorari must demonstrate a departure from the essential requirements of law, material injury for the remainder of the case, and harm that cannot be corrected on plenary appeal.
2. Section 916.13(1)(c), Florida Statutes, permits involuntary commitment of an incompetent criminal defendant only upon clear and convincing evidence that the mental illness causing incompetence has a substantial probability of responding to treatment and that the defendant will regain competency in the reasonably foreseeable future.
3. The evidence supported the involuntary commitment order because both experts opined that McGee's condition was responsive to treatment and that competency restoration was reasonably foreseeable in a structured setting; therefore, the circuit court did not depart from the essential requirements of law.

Questions Presented

1. Whether the circuit court departed from the essential requirements of law by involuntarily committing McGee for competency restoration without clear and convincing evidence of a substantial probability that his mental illness would respond to treatment and that he would regain competency in the reasonably foreseeable future.
2. Whether the evidence from the two forensic psychologists supported the circuit court's competency-restoration commitment order.

Disposition

writ_denied