Boatman v. StateAnnotate this Case
This case involved two certified questions related to the Jimmy Ryce Act, Sections 394.910-.932, Florida Statutes. The court held that a Jimmy Ryce respondent who had unsuccessfully objected to a continuance or filed a motion to dismiss in the trial court could challenge a violation of the thirty-day statutory time limit by way of filing a petition for writ of habeas corpus prior to trial or could choose to wait until the conclusion of trial to bring the challenge on direct appeal. The court also held that should respondent wait until after the trial to issue this challenge, he or she must demonstrate an impact on the fairness of the trial to be entitled relief. Therefore, the court held that defendant did not waive his claim by waiting to bring it until after the trial, he was not entitled to release and dismissal of the Jimmy Ryce proceedings because he was challenging the length of his pretrial detention and not alleging that the improper continuance had any impact on the fairness of his trial.