Martin v. Bartow

Dist. Ct. erred in dismissing as untimely petitioner's habeas petition challenging his involuntary civil commitment following his conviction on charge of second degree assault where civil commitment was based on finding that petitioner continued to be sexually violent person. Instant petition was filed within one year from final order stemming from 2005 proceeding in which court made finding that there was no change in petitioner's condition to warrant new hearing on issue as to whether petitioner was sexually violent person. Moreover, while Dist. Ct. believed that instant petition essentially challenged original civil confinement order, which was beyond applicable one-year limitation period, instant petition challenged only most recent finding stemming from 2005 proceeding.