Department of Children and Families v. Botes
The Second DCA granted DCF's certiorari petition and quashed a trial court order involuntarily committing a criminal defendant found incompetent to proceed, holding the record lacked clear and convincing evidence he could be restored to competency as required by section 916.13(1)(c). The court also clarified that a defendant with a traumatic brain injury is not automatically excluded from the statutory definition of 'mental illness' under section 916.106(14) if he also has a co-occurring mental illness contributing to incompetency.
Key facts
- Department of Children and Families challenged a trial court's order involuntarily committing a criminal defendant who was found incompetent to proceed.
- The defendant had a traumatic brain injury combined with a co-occurring mental illness that contributed to his incompetency.
- +2 more key facts with a free trial
Why it matters
This opinion is useful to criminal practitioners litigating competency commitment disputes, particularly where a defendant's incompetency stems from traumatic brain injury combined with other psychiatric conditions. It… — full analysis with a trial
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