BERNARD WILLIAMS, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT

Fla. 1st DCA | 2008-03-31
No. 1D07-4367
BROWNING, C.J., VAN NORTWICK and ROBERTS, JJ., concur.
977 So. 2d 783 Florida District Court of Appeal, First District (2008) Positive Treatment
Cited by 6 cases

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Synopsis

Bernard Williams challenges the revocation of his conditional release supervision through mandamus review. The court held that the Parole Commission violated clearly established law by having an administrator (rather than the original or a new parole examiner) make credibility-based findings of willful violation without hearing the witnesses, and quashed the circuit court's order denying relief.


Holding

Yes. The court held that a successor fact-finder cannot rule on matters based on credibility of witnesses he has not heard, and that the administrator's credibility-based finding of willfulness constituted a violation of clearly established law resulting in a miscarriage of justice.


Headnotes

[1] A parole revocation requires a finding that the violation of a condition of parole was willful.

[2] Factual findings regarding the willfulness of a parole violation must be made by the hearing officer.

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Key Quotes

“a successor fact-finder may not rule on matters based on the credibility of witnesses that he has not heard”

Establishes the core legal principle violated—the administrator could not assess witness credibility without observing them

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Facts & Procedural History

Williams was on conditional release supervision. The Parole Commission revoked his conditional release based on an alleged violation. The original par…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner seeks review of a circuit court order which denied a petition for writ of mandamus challenging the revocation of his conditional release supervision. Our scope of review is limited to determining whether the circuit court afforded procedural due process and whether it observed the essential requirements of law. See Sheley v. Fla. Parole Comm’n, 720 So. 2d 216 (Fla.1998).

A ruling constitutes a departure from “the essential requirements of law” when it amounts to “a violation of a clearly established principle of law resulting in a miscarriage of justice.” Combs v. State, 436 So. 2d 93, 96 (Fla.1983).

When considering such a petition for writ of certiorari, this court has only two options — it may either deny the petition or grant it, and quash the order to which the petition is directed. It may not enter judgment on the merits, or direct the lower tribunal to enter any particular order. See Broward County v. G.B.V. Int’l, Ltd., 787 So. 2d 838, 843-44 (Fla.2001) (citing cases).

Assessing the circuit court’s order according to these rules, we conclude that the order constitutes a departure from the essential requirements of law, and that we are, therefore, obliged to quash it.

In a prior proceeding addressing the circuit court’s initial order denying relief, we concluded that because (i) the evidence of a willful violation on the part of petitioner was tenuous at best, (ii) the parole examiner recommended reinstatement, and (iii) neither the parole examiner’s report nor the Parole Commission’s order contained a finding that petitioner’s violation of his conditional release supervision constituted a willful violation of a substantial condition of the conditional release order, the circuit court could not have reviewed the matter in accordance with the essential requirements of law. See Williams v. Fla. Parole Comm’n, 954 So. 2d 1271 (Fla. 1st DCA 2007).

Accordingly, the final order was quashed and the matter was remanded to the circuit court, which, in turn, remanded the matter to the Parole Commission to determine whether petitioner’s violation was willful and substantial.

Because the original parole examiner was no longer employed by the Parole Commission at the time of remand, a Parole Commission Regional Administrator reviewed the tape-recording of the final revocation hearing and concluded that the violation was willful and substantial. The Parole Commission then issued an order adopting that finding. Thereafter, the circuit court entered the order for which review is now sought, concluding that in light of the willfulness finding of the administrator and the Parole Commission’s adoption thereof, petitioner was not entitled to relief from the revocation order. Petitioner now argues that his due process rights were violated when the willfulness finding was not made by the origi nal parole examiner or by a new parole examiner after another hearing.

We agree. As noted by this court in its initial opinion, the record at that point was devoid of any finding that petitioner’s violation was willful and substantial. Such a finding was not made until the matter was remanded to the Commission and the administrator listened to the tape-recording of the hearing. Generally, a successor fact-finder may not rule on matters based on the credibility of witnesses that he has not heard. Acker v. State, 823 So. 2d 875, 876 (Fla. 2d DCA 2002) (holding that a successor judge who did not hear the witnesses or rule on their credibility could not sign a written order revoking probation); see also Fratello v. State, 950 So. 2d 440, 441 (Fla. 4th DCA) (reversing order denying a rule 3.850 motion when successor judge did not preside at the evidentiary hearing and ruled based on a cold record), rev. den., 966 So. 2d 968 (Fla.2007).

Here, the administrator’s finding of willfulness was based on the assessment of the credibility of witnesses he did not observe. This violated a clearly established principle of law resulting in a miscarriage of justice.

Accordingly, the circuit court’s order denying mandamus relief on remand is QUASHED, and the matter is REMANDED for further proceedings consistent herewith.

BROWNING, C.J., VAN NORTWICK and ROBERTS, JJ., concur.


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Citator

Cited By

  • Carter v. Fla. Parole Comm'n, 990 So. 2d 1114 (Fla. 1st DCA 2008)
    …respondent’s confession of error, the petition for writ of certiorari is granted. The circuit court’s order denying habeas corpus relief is quashed and the matter is remanded for further proceedings in light of Williams v. Florida Parole Commission, 977 So. 2d 783 (Fla. 1st DCA 2008). PETITION GRANTED and ORDER QUASHED. BARFIELD, WEBSTER, and LEWIS, JJ., concur.…
  • Pearce v. McNEIL, 1 So. 3d 281 (Fla. 1st DCA 2009)
    …r. Petitioner argues that his due process rights were violated when the willfulness finding was not made by the original parole examiner or by a new parole examiner after another hearing. We agree in light of Williams v. Florida Parole Commission, 977 So. 2d 783 (Fla. 1st DCA 2008), which held that due process is violated when an FPC administrator’s finding of willfulness with regard to an alleged violation of supervision is based on an assessment of credibility of witnesses he did not observe. FPC has as…
  • Hickman v. Buss, 63 So. 3d 806 (Fla. 1st DCA 2011)
    …PER CURIAM. DENIED. See Williams v. Florida Parole Comm’n, 977 So. 2d 783 (Fla. 1st DCA 2008). BENTON, C.J., CLARK and MARSTILLER, JJ., concur.…

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