CLYDE DUNCAN, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT
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PER CURIAM.
Clyde Duncan seeks review of an order summarily denying his petition for writ of habeas corpus, in which he challenged the revocation of his conditional release supervision. We conclude that although inart-fully pled, the petition was sufficient to state a preliminary basis for relief with respect to petitioner’s claim that although he admitted to the alleged violations, those violations were not willful and substantial, and thus did not justify the revocation of supervision. See Ellis v. Fla. Parole Comm’n, 911 So. 2d 831 (Fla. 1st DCA 2005) (in order to establish a violation it must be proven that the releasee willfully violated a substantial condition of release). Under these circumstances, the circuit court’s failure to issue an order to show cause before entertaining the merits of petitioner’s claims constitutes a departure from the essential requirements of law. See Duckworth v. Dep’t of Corr., 867 So. 2d 550 (Fla. 1st DCA 2004). Accordingly, the order summarily denying Duncan’s petition for writ of habeas corpus is quashed, and the matter is remanded to the circuit court for further proceedings consistent herewith.
WOLF, LEWIS, and THOMAS, JJ., concur.
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Robert E. Banks v. Jones, 197 So. 3d 1152 (Fla. 1st DCA 2016)…either an immediate release or a new trial, the writ may not be granted.” (Emphasis added.) This is the correct rule of law and the traditional and historical basis for judicial relief by writ of habeas corpus. See also Duncan v. Fla. Parole Comm’n, 939 So. 2d 176, 176 (Fla. 1st DCA 2006) (holding that, although “inartfully pled,” prisoner challenging revocation by Parole Commission of his prior conditional release stated claim for relief by writ of habeas corpus requiring circuit court to issue order to show…
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Bujno v. Dep't OF Corr., 1 So. 3d 1138 (Fla. 1st DCA 2009)…McNeil, 979 So. 2d 1209 (Fla. 1st DCA 2008). Under these circumstances, we conclude that the circuit court’s failure to issue an order to show cause amounted to a departure from the essential requirements of law. See Duncan v. Florida Parole Com’n, 939 So. 2d 176 (Fla. 1st DCA 2006). Accordingly, the petition for writ of eertio- [*1140] rari is GRANTED, the order denying Bu-jno’s petition for writ of mandamus is QUASHED, and the matter is REMANDED for further proceedings. BARFIELD, ALLEN, and THOMAS, JJ., c…
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Johnson v. Fla. Parole Comm'n, 954 So. 2d 89 (Fla. 1st DCA 2007)…PER CURIAM. The trial court’s order summarily denying Todd Johnson’s petition for writ of habeas corpus is quashed, and the cause is remanded to the circuit court for further proceedings consistent with Duncan v. Florida Parole Commission, 939 So. 2d 176 (Fla. 1st DCA 2006). WOLF, VAN NORTWICK, and LEWIS, JJ., concur.…
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- Murray B. Silverstein v. Pub. Med. Assistance Tr. Fund, 911 So. 2d 831 (Fla. 1st DCA 2005)
- Duckworth v. Dep't OF Corr. & Fla. Parole Comm'n, 867 So. 2d 550 (Fla. 1st DCA 2004)