Tuesday, May 4th, 2004
Lawanda Byrd v. State of Florida

No.03-284

Gadsden County


Byrd was arrested on charges of murder and armed robbery, but the trial court found she was incompetent to stand trial due to mental retardation. She was then committed to a state institution. After two years, her attorney moved to dismiss the criminal charges under a state statute authorizing this in cases of mental retardation, and asked that she be civilly committed. The State argued that the Florida Supreme Court had adopted a rule of procedure extending the period to five years and that this rule superseded the statute. The trial court agreed, as did the First District Court of Appeal.