OSCAR SMITH, PETITIONER,

v.

ROLAND COLSON, WARDEN.

Citator

Cited By

• Askari Abdullah Muhammad v. State, 132 So. 3d 176 (Fla. 2013)
  …case. The circuit court summarily denied the claim based on this Court’s precedent that the clemency process is solely the prerogative of the Governor. We explained in Carroll v. State, 114 So. 3d 883 (Fla.), cert. denied, _ U.S. _, 133 S.Ct. 2762, 186 L.Ed.2d 213 (2013), as follows: The clemency process in Florida derives solely from the Florida Constitution and we have recognized that the people of the State of Florida have vested “sole, unrestricted, unlimited discretion exclusively in the executive in ex…
• Dane P. Abdool v. Bondi, 141 So. 3d 529 (Fla. 2014)
  …eople of the State of Florida have vested ‘sole, unrestricted, unlimited discretion exclusively in the executive in exercising this act of grace.’” (quoting Sullivan v. Askew, 348 So. 2d 312, 315 (Fla.1977))), cert. denied, — U.S. -, 133 S.Ct. 2762, 186 L.Ed.2d 213 (2013). Second, section 922.052(2)(b) provides that after the Governor has issued a warrant, he or she must direct the warden to execute the sentence within 180 days. Over eighty years ago, this Court recognized that “[t]here being no regulation of…
• Davis v. State, 142 So. 3d 867 (Fla. 2014)
  …le, unrestricted, unlimited discretion exclusively in the executive in exercising this act of grace.’ ” Carroll v. State, 114 So. 3d 883, 888 (Fla.) (quoting Sullivan v. Askew, 348 So. 2d 312, 315 (Fla.1977)), cert. denied, — U.S. —, 133 S.Ct. 2762, 186 L.Ed.2d 213 (2013). Indeed, “[t]he Florida Rules of Executive Clemency expressly provide that ‘[t]he Governor has the unfettered discretion to deny clemency at any time, for any reason.’ ” Gore, 91 So. 3d at 779 (quoting Fla. R. Exec. Clem. 4) (second alteratio…