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IBUR v. STATE

No. 1D00-0208.

765 So.2d 275 (2000)

Jonathan F. IBUR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 16, 2000.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Charlie McCoy, Assistant Attorney General, Tallahassee, for Appellee.

BARFIELD, C.J.

We find that the hearing officer reversibly erred in not permitting appellant to testify at his hearing for involuntary hospitalization. Because involuntary commitment is a substantial deprivation of liberty at which fundamental due process protections must attach, the patient cannot be denied the right to be present, to be represented by counsel, and to be heard.1 Denial of the due process right to be heard prior to deprivation...

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