GEORGE SAMUEL JONAS, PETITIONER-APPELLANT,
v.
LOUIE L. WAINWRIGHT, SEC., FLORIDA DEPARTMENT OF CORRECTIONS, FLORIDA PAROLE & PRO. COMMISSION, RESPONDENTS-APPELLEES
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The court held that applying amended parole guidelines and vacating a presumptive parole release date due to escape does not violate the ex post facto clause, double jeopardy, or the Eighth Amendment.
Petitioner, a state prisoner, sought habeas corpus relief, arguing that amended parole guidelines and the vacation of his presumptive parole release d…
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GODBOLD, Chief Judge:
The district court denied the petition for habeas corpus brought by Jonas, a Florida state prisoner. The district court correctly held that the Florida Parole & Probation Commission did not violate the ex post facto clause of the Constitution by applying to him objective parole guidelines that had been amended after he was incarcerated. Paschal v. Wainwright, 738 F. 2d 1173 (11th Cir.1984).
Jonas claims that he was subjected to double jeopardy because his presumptive parole release date was vacated and a new one set following his escape. The double jeopardy clause does not apply to parole revocation proceedings, Garcia v. U.S., 769 F. 2d 697-700 (11th Cir.1985), and for the same reasons it does not apply to vacation of a presumptive parole release date.
The contention that changing the presumptive parole release date subjected Jonas to cruel and unusual punishment is frivolous. There is no constitutional right to parole in Florida. Hunter v. Florida Parole & Probation Commission, 674 F. 2d 847, 848 (11th Cir.1982). The decision if and when to parole an inmate is left to the discretion of the Commission guided by its own administrative rules. Moore v. Florida Parole & Probation Commission, 289 So. 2d 719 (Fla.1974); see Fla.Stat. § 947.18. After Jonas’s escape he pleaded no contest to an escape charge, and the court entered a finding of guilt, withheld adjudication, and suspended sentence. That, based on the escape charge, Jonas’s parole release date was changed does not make that action either punishment or cruel and unusual. The claim that the Commission did not abide by its own rules and regulations does not allege a constitutional violation.
AFFIRMED.
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Williams v. Fla. Parole Comm'n, 625 So. 2d 926 (Fla. 1st DCA 1993)…t seems to be settled law that double jeopardy proscriptions do not apply to parole proceedings and that this argument has no colorable merit. See Davis v. Florida Parole and Probation Comm’n, 436 So. 2d 144 (Fla. 1st DCA 1983); Jonas v. Wainwright, 779 F. 2d 1576, 1577 (11th Cir.), cert. denied, 479 U.S. 830, 107 S.Ct. 115, 93 L.Ed.2d 62 (1986); Nunley v. United States Board of Paroles, 439 F.Supp. 887 (W.D.Okla.1977). However, it is not equally clear that the ex post facto argument also lacks colorable mer…1 / 2
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Scott v. State, 937 So. 2d 746 (Fla. 4th DCA 2006)
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Jones v. Ga. State Bd. OF Pardons & Paroles, 59 F.3d 1145 (11th Cir. 1995)…orida rule change because "parole was a matter of complete discretion [before the change in the law] ... [and] remains so even under the objective parole guidelines ..., since parole is still ultimately a matter of discretion”); Jonas v. Wainwright, 779 F. 2d 1576, 1577 (11th Cir.) (same), cert. denied, 479 U.S. 830, 107 S.Ct. 115, 93 L.Ed.2d 62 (1986); Johnson v. Wainwright, 772 F. 2d 826, 827 (11th Cir.1985) (same); cf. Conlogue v. Shinbaum, 949 F. 2d 378, 381-82 (11th Cir.1991) (applying Paschal to reject…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rayfield Moore v. Fla. Parole & Prob. Comm'n, 289 So. 2d 719 (Fla. 1974)
- Paschal v. Louie L. Wainwright, 738 F.2d 1173 (11th Cir. 1984)
- Hunter v. Fla. Parole & Prob. Comm'n, 674 F.2d 847 (11th Cir. 1982)
- Garcia v. United States, 769 F.2d 697 (11th Cir. 1985)