PAROLE AND PROBATION COMMISSION, PETITIONER,
v.
BRUCE FULLER, RESPONDENT; KENNETH W. SIMMONS, ETC., ET AL., PETITIONERS, V. LARRY LEE SHANNON, RESPONDENT
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Judicial review of presumptive parole release date calculations is now available only through a writ of mandamus, not habeas corpus. Since the prisoners were released, their petitions are moot.
Two prisoners challenged the computation of their presumptive parole release dates. They sought review via writs of habeas corpus. Both prisoners were…
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OVERTON, Justice.
These consolidated cases are before us on petitions to review Fuller v. Wainwright, 458 So. 2d 1131 (Fla. 4th DCA 1984), and Shannon v. Mitchell, 460 So. 2d 910 (Fla. 4th DCA 1984), in which the Fourth District Court of Appeal determined it was appropriate for the prisoners Fuller and Shannon to challenge computation of their presumptive parole release dates by writs of habeas corpus. The district court certified, as being of great public importance, substantively identical questions, which we restate as follows:
Where a prisoner claims that improper calculation of his presumptive parole release date entitles him to immediate release, is his remedy properly pursued through petition for writ of mandamus or habeas corpus?
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently answered this question in Griffith v. Florida Parole and Probation Commission, 485 So. 2d 818 (Fla.1986), explaining that in view of legislative action eliminating review under the Administrative Procedure Act, judicial review of a presumptive parole release date is available now only through the writ of mandamus.
During the course of this appeal, Shannon and Fuller have been released from prison on parole and, consequently, there is no need for further consideration by mandamus. Accordingly, the decisions of the district court of appeal are quashed with directions to deny the petitions for writ of habeas corpus.
It is so ordered.
MCDONALD, C.J., and ADKINS, BOYD, EHRLICH and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jones v. Fla. Dep't OF Corr., 615 So. 2d 798 (Fla. 1st DCA 1993)…dy to seek review of an order denying an administrative appeal of a disciplinary report is by petition for extraordinary relief in the circuit court pursuant to Rule 1.630, Florida Rules of Civil Procedure. Cf. Parole and Probation Comm’n v. Fuller, 491 So. 2d 275 (Fla.1986) and Griffith v. Florida Parole and Probation Comm’n, 485 So. 2d 818 (Fla.1986). If the petition is denied, petitioner may then seek review of the final order of the circuit court pursuant to Rule 9.110, Florida Rules of Appellate Procedur…
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Adams v. Louie L. Wainwright, 512 So. 2d 1077 (Fla. 1st DCA 1987)…an inmate the limited right to call witnesses is a mandatory prison official duty under the United States Constitution, a writ of mandamus is an appropriate remedy. Shannon v. Mitchell, 460 So. 2d 910 (Fla. 4th DCA 1984), reversed on other grounds, 491 So. 2d 275 (Fla.1986). Consequently, the restraints applicable to habeas corpus do not apply sub judice. Appellant also stated a prima facie claim that officials violated state administrative rules when they failed to select disciplinary teams from a list of…
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Forrest Tubb v. Fla. Parole Comm'n, 580 So. 2d 616 (Fla. 5th DCA 1991)…23 of the Florida Administrative Code. . The appropriate remedy for challenging presumptive parole release date is by writ of mandamus directed against the Florida Parole and Probation Commission. Florida Parole and Probation Commission v. Fuller, 491 So. 2d 275 (Fla.1986); Pannier v. Wainwright, 423 So. 2d 533 (Fla. 5th DCA 1982).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Griffith v. Fla. Parole & Prob. Comm'n, 485 So. 2d 818 (Fla. 1986)
- Shannon v. Anabel P. Mitchell, 460 So. 2d 910 (Fla. 4th DCA 1984)
- Fuller v. Louie L. Wainwright & Fla. Parole & Prob. Comm'n, 458 So. 2d 1131 (Fla. 4th DCA 1984)