DEBORAH TARVER, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT
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[*578] LAGOA, J.
Deborah Tarver (“Tarver”) filed a petition for writ of habeas corpus in the circuit court seeking review of the Florida Parole Commission’s decision to revoke her conditional release supervision. The circuit court denied the petition and Tar-ver filed a timely appeal. Pursuant to rule 9.040(c), Florida Rules of Appellate Procedure, we treat the appeal as a petition for writ of certiorari, and review the circuit court’s denial pursuant to the applicable standard in cases involving second-tier certiorari. See Sheley v. Fla. Parole Comm’n, 720 So. 2d 216, 218 (Fla.1998) (holding “that once an inmate has had a full review on the merits of a Parole Commission order in the circuit court, he or she is not entitled to a-second plenary appeal of the order” and appeal can be properly treated as petition for writ of certiorari); Williams v. Miami-Dade County, 969 So. 2d 389 (Fla. 3d DCA 2007). Because we find that the circuit court did not deny Tarver due process and did not depart from the essential requirements of the law, we deny the petition on the merits.
Petition for certiorari denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. Fla. Dep't of Corr., 255 So. 3d 916 (Fla. 2d DCA 2018)…ntests the trial court's order denying his habeas corpus petition addressed to the revocation of his conditional release supervision. We have jurisdiction. See Fla. R. App. P. ---PAGE 2--- 9.030(b)(2)(B); see also Tarver v. Fla. Parole Comm'n, 990 So. 2d 577, 578 (Fla. 3d DCA 2008) ("[W]e treat the appeal [from the trial court's order denying a habeas petition pursuing review of the parole commission's decision to revoke conditional release] as a petition for writ of certiorari, and review the circui…
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Olsen v. Fla. Parole Comm'n, 998 So. 2d 657 (Fla. 3d DCA 2008)…s certiorari review is limited to a determination of whether Olsen was afforded due process of law and whether the circuit court departed from the essential requirements of law in denying Olsen’s habeas corpus petition. Tarver v. Fla. Parole Comm’n, 990 So. 2d 577, 578 (Fla. 3d DCA 2008). Because this Court concludes that Olsen was afforded due process of law and there was no departure from the essential requirements of law, we deny the petition for writ of certiorari. Petition denied.…
Authorities Cited
- Sheley v. Fla. Parole Comm'n, 720 So. 2d 216 (Fla. 1998)
- Williams v. Miami-Dade Cnty., 969 So. 2d 389 (Fla. 3d DCA 2007)