WILLIE LOUIS GIBSON, APPELLANT,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE
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Willie Gibson appealed the denial of his habeas corpus petition challenging his parole revocation by the Florida Parole and Probation Commission. Although the trial court erred by denying the petition before Gibson could file his authorized reply brief, the appellate court affirmed because the Commission's response clearly demonstrated the petition lacked merit.
Although the trial court erred by denying the petition before Gibson could file his reply, the error was harmless because the Commission's response clearly demonstrated the petition lacked merit, and therefore the denial was proper.
[1] A trial court's premature denial of a habeas corpus petition, before the petitioner has filed an authorized reply, may constitute harmless error if the respondent's answe…
[2] A parole violator is liable to serve out the remainder of their original sentence.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Although in all fairness to appellant, the trial court should have permitted him to file his reply before it so precipitously entered its order, that error was harmless insofar as the Commission's response to the order to show cause clearly demonstrated that the petition lacked merit.”
Establishes that while the trial court's procedural error was real, it was harmless error because the merits of the petition were clearly against Gibson
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGibson was convicted of burglary on August 23, 1979, and sentenced to five years. He was released on parole on March 10, 1981, but the Commission issu…
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WIGGINTON, Judge.
Gibson appeals the final order of the trial court denying his petition for writ of habe-as corpus. He maintains that he was denied due process of law by the trial court’s entering its order denying his petition before he was able to file an authorized reply. The record shows that subsequent to appellant’s filing his petition, the circuit court issued an order to show cause directing the Commission to respond to the petition, and granting appellant ten days thereafter to file a reply. However, prior to appellant’s filing his reply, but during the 10-day time period, the trial court issued an order denying the petition for writ of habeas corpus.
Although in all fairness to appellant, the trial court should have permitted him to file his reply before it so precipitously entered its order, that error was harmless insofar as the Commission’s response to the order to show cause clearly demonstrated that the petition lacked merit.1
AFFIRMED.
ERVIN, J., and FRANK, RICHARD H. Associate Judge, concur. . The Commission’s response showed that on August 23, 1979, appellant was convicted of burglary and sentenced to a five-year term of imprisonment. He was released on parole on March 10, 1981, but on May 24, 1982, the Commission issued a warrant charging appellant with violation of his parole. At the time, he was imprisoned in Georgia. He was returned to Florida on March 5, 1986, and the Commission revoked his parole. Thus, at the time, he had served only approximately two years before be-ing released on parole. Under section 947.21, Florida Statutes, he was liable to serve out the term for which he was sentenced. See also Schaeffer v. Florida Parole and Probation Commission, 434 So. 2d 44 (Fla. 1st DCA 1983).
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Citator
Authorities Cited
- Schaeffer v. Fla. Parole & Prob. Comm'n, 434 So. 2d 44 (Fla. 1st DCA 1983)