Register v. State, 946 So. 2d 50 (Fla. 1st DCA 2006). · Go Syfert
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Register v. State, 946 So. 2d 50 (Fla. 1st DCA 2006). Cases Citing This Book View Copy Cite
“a patient has a fundamental right to be present at a commitment proceeding," and "a court must certify through proper inquiry that the waiver of that right is knowing, intelligent, and voluntary.”
9 citation events (9 in the last 25 years) across 1 distinct court.
Strongest positive: Perkins v. State (fladistctapp, 2012-02-08)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Perkins v. State
Fla. Dist. Ct. App. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
a patient has a fundamental right to be present at a commitment proceeding," and "a court must certify through proper inquiry that the waiver of that right is knowing, intelligent, and voluntary.
discussed Cited as authority (rule) Mouliom v. Northeast Florida State Hospital (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2014 · confidence medium
Even though Ms. Mouliom’s attorney affirmatively waived her presence at the hearing, we are not precluded from considering the issue raised in this appeal because “a denial of the due process right to be present at an involuntary commitment hearing is fundamental error which may be raised on appeal even if not preserved below.” Register v. State, 946 So.2d 50, 50-51 (Fla. 1st DCA 2006).
discussed Cited as authority (rule) Brown v. State
Fla. Dist. Ct. App. · 2007 · confidence medium
Register v. State, 946 So.2d 50, 50 (Fla. 1st DCA 2006); Joehnk v. State, 689 So.2d 1179, 1180 (Fla. 1st DCA 1997). *689 A patient may waive his or her right to be personally present, but a court must certify through proper inquiry that the waiver is knowing, intelligent, and voluntary.
Retrieving the full opinion text from the archive…
Ezekiel REGISTER, Appellant,
v.
STATE of Florida, Appellee.
1D06-4521.
District Court of Appeal of Florida, First District.
Dec 15, 2006.
946 So. 2d 50
2006 WL 3680572
Per Curiam.
Cited by 4 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 82%
Citer courts: District Court of Appeal of Fl… (1)

Nancy A. Daniels, Public Defender, Dan B. Hendrickson and David P. Gauldin, Assistant Public Defenders, Tallahassee, for Appellant.

Charles J. Crist, Jr., Attorney General, and Alexandria Walters, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant, Ezekiel Register, appeals an order of involuntary inpatient placement under section 394.467, Florida Statutes (2006). The appellant argues, among other things, that counsel's waiver of the appellant's presence at the commitment hearing was insufficient to allow the hearing to proceed. The state asserts that this issue was not preserved for review.

A patient has a fundamental right to be present at a commitment proceeding. Joehnk v. State, 689 So.2d 1179, 1180 (Fla. 1st DCA 1997). While a patient may waive his or her right to be personally present and be constructively present through counsel, a court must certify through proper inquiry that the waiver is knowing, intelligent, and voluntary. Id. Furthermore, a denial of the due process right to be present at an involuntary commitment hearing is fundamental error[*51] which may be raised on appeal even if not preserved below. See Ibur v. State, 765 So.2d 275, 276 (Fla. 1st DCA 2000) (holding that a denial of the due process right to be heard prior to the deprivation of one's liberty is fundamental error).

Because the court below did not certify through proper inquiry that the waiver was knowing, intelligent, and voluntary, we reverse and remand for a new commitment hearing.

REVERSED and REMANDED.

BROWNING, C.J., DAVIS, and LEWIS, JJ., concur.