SC10-2293 – Ronald Morel v. George H. Sheldon, Etc.;

State: Florida

Docket No: SC10-2293

Case Date: 01/21/2011

Preview:Supreme Court of Florida
FRIDAY, JANUARY 21, 2011 CORRECTED ORDER CASE NO.: SC10-2293 Lower Tribunal No.: 2D09-2096, 09-CA-091 RONALD MOREL Petitioner(s) vs. GEORGE H. SHELDON, ETC. Respondent(s) CASE NO.: SC11-105 Lower Tribunal No.: CACE02-007799 RONALD MOREL Petitioner(s) vs. MICHAEL JOSEPH SATZ, STATE ATTORNEY, ETC. Respondent(s)

This Court has before it the Second District Court of Appeals Certification of Order Requiring Immediate Resolution by this Court in Case No. 2D09-2096, In re Commitment of Morel, 35 Fla. L. Weekly D2620 (Fla. 2d DCA Dec. 1, 2010), regarding allegations that Ronald Morel has been in pretrial detention for eight years as a result of unresolved Jimmy Ryce Act civil commitment proceedings. Morels appeal to the Second District resulted from the denial of habeas corpus relief challenging the legality of his custody wherein he alleged that he has been unable to receive treatment, which would enable him to seek release. Morel also filed separate petitions in this Court challenging recent actions taken in his civil commitment proceeding in Broward County, Florida. We consolidate our review of the Second Districts certification and Morels separately filed petitions in this Court for the purpose of this order of relinquishment. The Second Districts decision points out that it lacks territorial jurisdiction over all aspects of the legality of Morels pretrial detention, which in part stems from (1) alleged action or inaction in Broward County within the Fourth District and (2) alleged action or inaction regarding Morels treatment in a facility in

DeSoto County, Florida, within the Second District. Moreover, in regard to the Second District case, the Department of Children and Families (DCF) took the position that "it has no statutory or constitutional duty to provide treatment to a detainee whose status is ,,awaiting the commitment trial. " Morel, 35 Fla. L. Weekly D2620, D2620. The Second District stated the following in certifying the case to this Court: This case is an extreme example, but from our anecdotal experience, it is not unique. The statute contemplates that detainees will receive a speedy trial and then will receive annual reviews.

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