VALDEZ v. MOORE

No. 99-1933.

745 So.2d 1009 (1999)

Roberto VALDEZ, John S. Smith, Amos Lee Gardner, and Ricky Rust, Petitioners, v. Michael W. MOORE, Secretary, Department of Corrections and Judge Kathleen A. Kearney, Secretary, Department of Children & Families, Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 27, 1999.


Attorney(s) appearing for the Case

Bob Dillinger, Public Defender, St. Petersburg, for petitioners.

Robert A. Butterworth, Attorney General, Tallahassee, and Richard L. Polin, Assistant Attorney General, Miami, for respondents.


KLEIN, J.

Petitioners have been convicted of sex crimes and have completed their sentences. They are being detained as sexually violent predators pursuant to the Jimmy Ryce Act, section 916.31, Florida Statutes (Supp.1998). We conditionally grant their petition for writ of habeas corpus because the lack of an adversarial hearing, to determine whether there is probable cause to detain them after the expiration of their sentences, violates their right to due process...

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