Comer v. State
Two female juveniles charged as adults petitioned for habeas corpus after being housed in an adult jail's mental health ward due to the absence of a female juvenile unit, arguing this violated the statutory requirement that minors be housed separately from adults. After an evidentiary hearing before an appointed commissioner established that the juveniles had regular sight-and-sound contact with adult inmates and trusties, the Third DCA held that habeas corpus was the proper vehicle to challenge this statutory violation and granted the writ, ordering the juveniles transferred to a compliant facility.
Key facts
- Two female juveniles charged as adults were held in an adult jail's mental health ward because no separate female juvenile unit was available.
- At an evidentiary hearing, evidence showed the juveniles had regular sight-and-sound contact with adult inmates and trusties through shared showers, recreation areas, cell windows, and unsoundproofed walls.
- +2 more key facts with a free trial
Why it matters
This opinion clarifies that habeas corpus is an available remedy—not merely a civil suit against the county—to enforce the juvenile-adult separation requirements of section 985.265(5) when a minor charged as an adult is… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.