Department of Children and Families v. State of Florida and William Elvey
DCF sought certiorari to quash an order finding William Elvey incompetent to proceed and involuntarily committing him for treatment, arguing the evaluating psychiatrist's report was inconclusive. The Fifth DCA denied relief, holding that a defendant's refusal to cooperate with a court-ordered competency evaluation does not prevent the trial court from finding incompetency and ordering commitment based on the evidence that is available, including the presumption of continued incompetence and observations of bizarre behavior.
Key facts
- DCF sought certiorari to quash an order finding William Elvey incompetent to proceed and committing him for involuntary treatment, contending that the psychiatrist's evaluation report was inconclusive.
- The trial court ordered a competency evaluation, which Elvey refused to cooperate with; the court nonetheless found him incompetent and ordered commitment based on available evidence including the presumption of continued incompetence and observations of bizarre behavior in jail.
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Why it matters
This opinion gives practitioners a clear rule for handling competency evaluations frustrated by an uncooperative defendant: courts may still make findings based on partial expert input, prior findings, and behavioral… — full analysis with a trial
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