NAILS
v.
WALMART
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A writ of habeas corpus cannot be used to obtain belated appeal of a circuit court order denying mandamus review of a presumptive parole release date determination, because the PPRD calculation does not implicate a constitutionally protected liberty interest requiring appointed counsel under the Sixth Amendment.
[1] A writ of habeas corpus will only be granted when the requested relief will entitle the petitioner to release or a new trial.
[2] The right to a belated appeal arises from the Sixth Amendment right to counsel, made applicable to the states through the Fourteenth Amendment.
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Habeas corpus requires allegation that relief will entitle petitioner to release or new trial.
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Join FLexlaw to unlock all legal intelligenceRobert Black petitioned for a writ of habeas corpus seeking belated appeal of a circuit court order that denied his petition for mandamus to review th…
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BOOTH, Chief Judge.
Robert Black has filed a petition for writ of habeas corpus, seeking belated appeal of a circuit court order which denied his petition for a writ of mandamus to review the determination of his presumptive parole release date (PPRD). For the reasons set forth below, we deny the petition.
Our initial reason for denying the petition is that it does not allege that the relief requested will entitle the petitioner to release or a new trial. Only in such circumstances will a writ of habeas corpus be granted. Cash v. Smith, 465 So. 2d 1294 (Fla. 1st DCA 1985). Even if such an allegation were made, however, we find that the present petition must be denied. The right to a belated appeal arises from the accused’s sixth amendment right to counsel, made applicable to the states through the due process clause of the fourteenth amendment. State v. Meyer, 430 So. 2d 440 (Fla.1983); Baggett v. Wainwright, 229 So. 2d 239 (Fla.1969). The setting of a PPRD under the Florida statutory scheme does not involve an interest in liberty that implicates federal constitutional rights. Hunter v. Florida Parole & Probation Commission, 674 F. 2d 847 (11th Cir.1982); Staton v. Wainwright, 665 F. 2d 686 (5th Cir.), cert. denied, 456 U.S. 909, 102 S.Ct. 1757, 72 L.Ed.2d 166 (1982). Accordingly, we conclude that the remedy of habeas corpus to secure a belated appeal cannot be utilized to obtain review of a circuit court order relating to the calculation or establishment of a PPRD.
ERVIN and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Baggett v. Louie L. Wainwright, 229 So. 2d 239 (Fla. 1969)
- State v. Meyer, 430 So. 2d 440 (Fla. 1983)
- Staton v. Louie L. Wainwright and Maurice G. Crockett, 665 F.2d 686 (5th Cir. 1982)
- Century 21 Admiral's Port, Inc. v. Walker, 471 So. 2d 544 (Fla. 3d DCA 1985)
- Hunter v. Fla. Parole & Prob. Comm'n, 674 F.2d 847 (11th Cir. 1982)
- Cash v. Sharyn L. Smith, 465 So. 2d 1294 (Fla. 1st DCA 1985)
- Staton v. Wainwright, 456 U.S. 909 (U.S. 1982)