McGee v. State
The Third DCA denied a certiorari petition challenging an order involuntarily committing a defendant for competency restoration under section 916.13(1)(c). The court held that expert testimony linking a defendant's diagnosis, medication noncompliance, and substance abuse history to a specific treatment plan, combined with evidence of prior successful restoration, satisfied the clear and convincing 'substantial probability of restoration' standard.
Key facts
- McGee was charged with a crime and found incompetent to stand trial; the trial court ordered involuntary commitment for competency restoration under section 916.13(1)(c).
- McGee petitioned the Third DCA for certiorari review, challenging the commitment order as lacking clear and convincing evidence of a substantial probability his competency could be restored.
- +2 more key facts with a free trial
Why it matters
This opinion gives practitioners a useful benchmark for what evidence satisfies (and does not satisfy) the 'substantial probability of restoration' standard under section 916.13(1)(c) for involuntary… — full analysis with a trial
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