911 So. 2d 1211 - Mitchell v. State’s Empirical Analysis

Citation profile

13 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The parties being subjected to this state action are limited to those who have exhibited “past sexually violent behavior and [have] a present mental condition that creates a likelihood of such conduct in the future if the person is not incapacitated.” Although the individual’s liberty interest is at stake, that “interest is not absolute” and the “individual’s constitutionally protected interest in avoiding physical restraint may be overridden even in the civil context” provided that “the confinement takes place pursuant to proper procedures and evidentiary standards.” Confinement under the Ryce Act is limited to those individuals who are likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment. Further, the act provides a range of procedural safeguards to the individuals, including the assistance of counsel and mental health professionals at commitment proceedings, the right to a jury trial, the right to appeal a sexually violent predator determination, at least a yearly mental health examination to determine whether the person’s condition has so changed that it is safe for the person to be discharged, the right to petition for release, and in court hearings for the release of a committed person, the state bears the burden of proving by clear and convincing evidence that the person’s mental condition requires continued confinement.”

   1 later decision quote this exact passage · from the dissent
   e.g. Larimore v. State

2. “remedy contemplates that “the State may be entitled to continue the proceedings, but the respondent may be entitled to his freedom where the State has not scrupulously complied with the Act’s provisions.” Thus, dismissal without prejudice would release appellant from custody without depriving the trial court of jurisdiction over the case.”

   1 later decision quote this exact passage · from the dissent
   e.g. 77 So. 3d 1242 - Boatman v. State

3. “Florida Rules of Civil Procedure apply to all civil commitment proceedings for sexually violent predators unless otherwise specified [in the Act].”

   1 later decision quote this exact passage
   e.g. 927 So. 2d 198 - Kolin v. State