JAMES D. ASHLEY, APPELLANT,
v.
HARRY K. SINGLETARY, JR., SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
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James D. Ashley appealed the denial of his habeas corpus/mandamus petition challenging the Department of Corrections' structuring of his multiple sentences. The court reversed and remanded for reconsideration in light of the intervening Orosz v. Singletary decision, which affected the application of early release credits to Ashley's sentences.
The court reversed the trial court's order denying habeas corpus relief and remanded the case for the trial court to reconsider Ashley's claims in light of the Orosz decision and any sentence restructuring mandated by that decision.
[1] A court may relinquish jurisdiction to a trial court to allow for reconsideration of a case in light of a subsequent controlling judicial decision.
[2] A case may be remanded for reconsideration when a controlling judicial decision, issued after the initial petition was filed, impacts the validity of sentences at issue.
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“Ashley appeared to argue that the Department had improperly cancelled early release credits applied against certain of his sentences.”
Identifies the core issue Ashley raised regarding improper cancellation of early release credits
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Join FLexlaw to unlock all legal intelligenceAshley filed a petition for writ of habeas corpus or alternative writ of mandamus challenging how the Department of Corrections had structured his mul…
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PER CURIAM.
James D. Ashley seeks review of an order denying his petition for writ of habeas corpus or alternative writ of mandamus, in which he complained that the Department of Corrections had improperly structured his multiple sentences. Appellee now moves for entry of an order relinquishing jurisdiction and remanding this case to the trial court for further consideration in light of Orosz v. Singletary, 655 So. 2d 1112 (Fla.1995). In this motion, appellee shows that among the issues presented in the petition below, Ashley appeared to argue that the Department had improperly cancelled early release credits applied against certain of his sentences. In denying relief on this claim, the trial court did not address the implications of Orosz, which was decided after the filing of Ashley’s petition, and therefore was not expressly relied upon therein. Nonetheless, appellee now represents that some of Ashley’s sentences are affected by the Orosz decision and must be restructured. Accordingly, appellee requests that this court relinquish jurisdiction to permit the Department to place into the record information arising out of the application of Orosz to Ashley’s sentences, and to permit the trial court to rule on the issues accordingly.
In view of the representations made in the motion to relinquish jurisdiction, we deem it most appropriate to reverse and remand the trial court’s order for reconsideration in light of Orosz. In this respect, we decline to address the issue of whether the trial court properly concluded that the other grounds for relief set forth in Ashley’s petition were without merit, in order to allow the comprehensive reconsideration of Ashley’s claims in view of any sentence restructuring mandated by the Orosz decision.
REVERSED and REMANDED for further proceedings.
JOANOS, MICKLE and VAN NORTWICK, JJ., concur.