JOSE ANTONIO REYES, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT
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Florida appellate court granted certiorari and quashed summary denial of habeas petition challenging parole revocation, holding that alleged deprivations of counsel, evidence access, and cross-examination required issuance of order to show cause before adjudication on the merits.
When a habeas petitioner adequately alleges deprivation of procedural protections in revocation proceedings, the circuit court must issue an order to show cause before adjudicating the merits rather than summarily denying the petition.
[1] A circuit court must issue an order to show cause before adjudicating the merits of a habeas petition that adequately alleges deprivation of procedural protections in par…
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Join FLexlaw to unlock all legal intelligence“the amended petition adequately alleged a preliminary basis for concluding that Reyes was denied procedural protections to which he was entitled in the revocation proceedings”
Court's analysis of whether the habeas petition stated sufficient grounds for further proceedings
Jose Antonio Reyes filed an amended habeas petition challenging revocation of his conditional release supervision, alleging he was denied assistance o…
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PER CURIAM.
Jose Antonio Reyes seeks review of an order summarily denying his amended petition for writ of habeas corpus, in which he challenged the revocation of his conditional release supervision. His sworn allegations, which must be accepted as true for present purposes, included claims that he was improperly denied the assistance of. counsel, denied access to the evidence against him, and denied the right to cross-examine adverse witnesses.
We conclude that the amended petition adequately alleged a preliminary basis for concluding that Reyes was denied procedural protections to which he was entitled in the revocation proceedings. See generally Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972); see also § 947.141(3), Fla. Stat. (2005). Under these circumstances, the circuit court’s failure to issue an order to show cause before adjudicating the merits of petitioner’s claims amounts to a departure from the essential requirements of law. See Duckworth v. Department of Corrections, 867 So. 2d 550 (Fla. 1st DCA 2004).
Accordingly, the petition for writ of certiorari is GRANTED, the order summarily denying the amended petition is QUASHED, and the matter is REMANDED to the circuit court for further proceedings.
ERVIN, POLSTON, and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Morrissey v. Brewer, 408 U.S. 471 (U.S. 1972)
- Duckworth v. Dep't OF Corr. & Fla. Parole Comm'n, 867 So. 2d 550 (Fla. 1st DCA 2004)