Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

ERIC ADAMS, Appellant, v. STATE OF FLORIDA, Appellee.

ALLEN, Judge.

The appellant challenges a Baker Act order of involuntary placement for treatment pursuant to section 394.467, Florida Statutes. As in Wickland v. State, 642 So.2d 670 (Fla. 1st DCA 1994), the order refers to a purported witness who did not testify, and describes the factual basis of the ruling by merely quoting from the petition for involuntary placement. Furthermore, while the court also made oral findings at the conclusion of the hearing, a need for treatment and medication does not in itself justify a Baker Act commitment. See Williams v. State, 522 So.2d 983 (Fla. 1st DCA 1988). Rather, there must be clear and convincing evidence that without treatment the appellant would pose a real and present threat of substantial harm to his own well-being, or a substantial likelihood that in the near future he would inflict serious bodily harm on himself or another, as evidenced by recent behavior. § 394.467(1)(a)2. Because the record evidence does not satisfy this standard in the present case, the appealed order is reversed.

MINER and KAHN, JJ., CONCUR.

Use AI to get other relevant cases.

Comments

ADAMS v. STATE
(Jul 9, 1998)