CALVIN CARLOS CAMPBELL, APPELLANT,
v.
FLORIDA PAROLE COMMISSION, APPELLEE
PER CURIAM.
We previously affirmed in part and reversed in part an order of the trial court denying the appellant’s petition for writ of mandamus. See Campbell v. Florida Parole Commission, 630 So. 2d 1210 (Fla. 1st DCA 1994). Thereafter, upon petition for certiorari, the United States Supreme Court, — U.S. —, 115 S.Ct. 1819, 131 L.Ed.2d 742 (1995), vacated our judgment and remanded the case to this court for further proceedings not inconsistent with California Department of Corrections v. Morales, — U.S.—, 115 S.Ct. 1597, 131 L.Ed.2d 588 (1995). Having reconsidered our earlier opinion, and finding nothing therein inconsistent with Morales, we hereby reinstate our earlier opinion and decision.
ERVIN and ALLEN, JJ., and SMITH, Senior Judge, concur.
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Burgess v. Crosby, 870 So. 2d 217 (Fla. 1st DCA 2004)…petition for writ of habe-as corpus is the proper remedy. See Campbell v. Florida Parole Comm’n, 630 So. 2d 1210 (Fla. 1st DCA 1994), rev. denied, 639 So. 2d 976 (Fla.1994), vacated, 514 U.S. 1094, 115 S.Ct. 1819, 131 L.Ed.2d 742 (1995), reinstated, 657 So. 2d 67 (Fla. 1st DCA), cert. denied, 516 U.S. 996, 116 S.Ct. 533, 133 L.Ed.2d 438 (1995). If an inmate is not making a claim to the right to immediate release, a petition for writ of mandamus is the proper remedy. Searcy v. Singletary, 590 So. 2d 1034 n. 1…
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Richardson v. State, 918 So. 2d 999 (Fla. 5th DCA 2006)…on, the court lacks jurisdiction where the writ would have to be executed beyond the ■court's territorial jurisdiction.”) (citations omitted), vacated on other grounds by 514 U.S. 1094, 115 S.Ct. 1819, 131 L.Ed.2d 742 (1995), reinstated on remand by 657 So. 2d 67 (Fla. 1st DCA 1995). - . The court in Baker v. State, 878 So. 2d 1236, 1241 (Fla.2004), considered the full text of rule 3.850(h), which provides: An application for writ of habeas corpus on behalf of a prisoner who is authorized to apply for reli…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cal. Dep't of Corr. v. Morales, 514 U.S. 499 (U.S. 1995)
- MacRAE v. State, 630 So. 2d 1210 (Fla. 1st DCA 1994)
- Campbell v. Fla. Parole Comm'n, 630 So. 2d 1210 (Fla. 1st DCA 1994)