State of Florida v. Larry Phillips — Canady, J., Dissenting

Summary

Justice Canady, dissenting, would have held that the Jimmy Ryce Act's plain language permits commitment proceedings when a person is actually in custody, even if the custody resulted from a legal error. He concluded that substantive due process does not require a lawful-custody limitation and would have rejected the precedent imposing that limitation. The dissent therefore disagreed with the majority's decision to foreclose Phillips's commitment.