CHARLES WELSCH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Charles Welsch appealed the circuit court's denial of his habeas corpus petition challenging the Florida Parole Commission's suspension of his presumptive parole release date (PPRD). The appellate court converted the appeal to a certiorari petition and granted relief, finding that the trial court failed to review the administrative record before ruling on the suspension.
The court granted the certiorari petition and quashed the circuit court's order, holding that the trial court was required to review the record considered by the Parole Commission before entering its final order, which it failed to do in this case.
[1] A Parole Commission may rely on the seriousness and facts of an inmate's offenses to suspend a presumptive parole release date, even if those factors were considered in e…
[2] A trial court must review the complete official record considered by the Parole Commission before entering an order regarding the suspension of an inmate's presumptive pa…
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Join FLexlaw to unlock all legal intelligence“To facilitate judicial review, the Commission must articulate with specificity the reasons for its decision and provide the information from the complete official record in the inmate's case that supports those reasons.”
Establishes the required standard for Parole Commission decision-making to allow proper judicial review
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWelsch's PPRD was suspended by the Parole Commission. He petitioned for habeas corpus or mandamus relief in circuit court, arguing that the Commission…
The full statement of facts, procedural history, and disposition for this case are member content.
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DAVIS, Judge.
Charles Welsch appeals the circuit court’s denial of his petition for' writ of habeas corpus or mandamus. Having converted the appeal to a petition for writ of certiorari pursuant to Sheley v. Florida Parole Commission, 720 So. 2d 216 (Fla.1998), we now grant the petition.
In his petition filed in the circuit court, Welsch challenged the Parole Commission’s suspension of his presumptive parole release date (PPRD). First, he claimed the Commission relied on criteria it used in establishing his PPRD to now suspend the date. Welsch’s argument that the Commission erred in considering the seriousness and facts of his offenses is without merit. See Fla. Parole & Prob. Comm’n v. Paige, 462 So. 2d 817, 820 (Fla.1985) (concluding that although PPRD could not be modified absent new information or unfavorable institutional conduct, these strictures did not confine the Commission in properly exercising its discretion to determine that Paige did not meet the requirements of section 947.18, Florida Statutes (1981)); Parole & Prob. Comm’n v. Bruce, 471 So. 2d 7 (Fla.1985).
Second, Welsch contended that his mental health status reports relied upon by the Commission to suspend his PPRD do not support the suspension. Prior to entering its order, the circuit court did not have before it the record considered by the Parole Commission .as to this claim.
To facilitate judicial review, the Commission must articulate with specificity the reasons for its decision and provide the information from the complete official record in the inmate’s case that supports those reasons. Williams v. Fla. Parole Comm’n, 625 So. 2d 926, 939 (Fla. 1st DCA 1993), receded from on other grounds, Sheley v. Fla. Parole Comm’n, 703 So. 2d 1202 (Fla. 1st DCA 1997). A trial court is required to review the record considered by the Commission prior to entering its final order. See Myers v. Fla. Parole & Prob. Comm’n, 705 So. 2d 1000 (Fla. 4th DCA 1998); McCorvey v. Fla. Parole Comm’n, 625 So. 2d 1296 (Fla. 1st DCA 1993). The trial court failed to do so in this case.
Accordingly, we grant the petition for writ of certiorari and quash the order below. On remand the circuit court’s consideration of the suspension of the PPRD will require the Commission’s response, which should contain the records considered in Welsch’s administrative hearings. Myers, 705 So. 2d at 1001; Sheley, 720 So. 2d at 217.
Petition granted, order quashed, and cause remanded for further proceedings.
FULMER and KELLY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sheley v. Fla. Parole Comm'n, 720 So. 2d 216 (Fla. 1998)
- Sheley v. Fla. Parole Comm'n, 703 So. 2d 1202 (Fla. 1st DCA 1997)
- Fla. Parole & Prob. Comm'n v. Paige, 462 So. 2d 817 (Fla. 1985)
- Williams v. Fla. Parole Comm'n, 625 So. 2d 926 (Fla. 1st DCA 1993)
- Parole & Prob. Comm'n v. Bruce, 471 So. 2d 7 (Fla. 1985)
- McCORVEY v. Fla. Parole Comm'n, 625 So. 2d 1296 (Fla. 1st DCA 1993)
- Myers v. Fla. Parole & Prob. Comm'n, 705 So. 2d 1000 (Fla. 4th DCA 1998)