HOWARD T. OISHI, PETITIONER,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, RESPONDENT

Fla. 1st DCA | 1982-08-03
No. AL-459
ROBERT P. SMITH, C. J„ and LARRY G. SMITH and WENTWORTH, JJ., concur.
418 So. 2d 329 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 4 cases

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Holding

The court granted the petition for writ of mandamus, ordering the Commission to establish a presumptive parole release date (PPRD) for the petitioner.


Headnotes

[1] A writ of mandamus may be granted to compel a parole commission to comply with its statutory duty to interview prisoners and establish presumptive parole release dates.

[2] Statutory provisions and administrative rules may require parole commissions to schedule initial interviews for inmates with sentences of five years or less within a spec…

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Facts & Procedural History

An inmate petitioned for a writ of mandamus to compel the Florida Parole and Probation Commission to interview him and establish a PPRD as required by…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner, an inmate in the custody of the Department of Corrections, brings this petition for writ of mandamus to compel the Florida Parole and Probation Commission to comply with its statutory duty by interviewing him and establishing a presumptive parole release date. We grant the petition and order the Commission to establish a PPRD for petitioner and to notify petitioner and this Court of its action within 15 days of the date of this order. Oishi has been confined in execution of a three year sentence since August 26, 1981. Section 947.16(1), Fla.Stat. (1981), requires the Commission to grant parole interviews to prisoners having sentences of five years or less within six months of confinement in execution of judgment. Therefore, petitioner should have been interviewed by the end of February, 1982.1 He petitioned this Court for relief in May, 1982. On May 26, 1982, we issued an order to show cause, returnable within 15 days, why the Commission had not interviewed petitioner and had not established a PPRD, as required by the Objective Parole Guidelines Act. However, no response from the Commission was forthcoming. So on June 25, 1982, this Court issued the following order:

TO: Malcolm S. Greenfield

1309 Winewood Blvd. Bldg. 6

Tallahassee, Fla. 32301

Pursuant to Winstead v. Adams, 363 So. 2d 807 (Fla. 1st DCA 1978), you are directed to show cause in writing within ten (10) days from the date of this order why you should not be held in contempt or have other sanctions imposed for your failure to comply with the Florida Rules of Appellate Procedure and this Court’s order issued May 26, 1982.

Counsel’s filing of a response addressing the merits of this case, within ten (10) days, will cause this Court to recede from the above order.2

On June 30, 1982, counsel for the Commission responded to the merits of the allegations in the petition, admitting that petitioner had not been interviewed, nor had a PPRD been established. Respondent, however, requested that the Court hold in abeyance any action on the petition for writ of mandamus until such time as Respondent can receive and properly docket for Commission action the results of the initial interview scheduled for the month of June, 1982, but such date for Commission action not to exceed July 14, 1982, and notice to the Court and Mr. Oishi not to exceed July 19, 1982.

In reliance upon the representations of counsel for the Commission, we decided to refrain from taking any action on the petition until consideration of the July 19, 1982, notice to the Court. However, counsel for the Commission did not notify the Court, nor did he notify petitioner, as is evidenced by petitioner’s motion for issuance of the writ filed here on July 28, 1982.3 We now grant the petition; however, as we believe the Commission will comply with this decision, we withhold issuance of the writ at this time.

Furthermore, we order counsel for the Commission to show cause within 10 days why he should not be held in contempt for his failure to comply with this Court’s first show cause order and his representation to the Court that he would notify the Court and petitioner by July 19, 1982, of action taken by the Commission. We note that in many appeals of Commission action, counsel for the Commission has been grossly negligent in serving the indexes and records, as well as answer briefs,4 but that this Court has repeatedly denied motions for sanctions and motions to strike the answer brief. These motions were ultimately denied because striking the answer brief only places an undue burden upon this Court to do the work of the Commission’s advocate. We give notice that the Court will no longer tolerate such casual disrespect for the processes of this Court.

ROBERT P. SMITH, C. J„ and LARRY G. SMITH and WENTWORTH, JJ., concur. . Additionally, Fla.Admin.Code Rule 23-21.-05(2) requires the Commission to schedule inmates with sentences of five years or less for initial interviews by the end of the fifth month of their confinement. See also, Hayes v. FPPC, 414 So. 2d 648 (Fla. 1st DCA 1982): Greer v. FPPC, 403 So. 2d 1000 (Fla. 1st DCA 1981); James v. FPPC, 395 So. 2d 197 (Fla. 1st DCA 1981); and Battis v. FPPC, 386 So. 2d 295 (Fla. 1st DCA 1980).

. On this same day, we issued similar orders in the following cases: Matsen v. FPPC, Case No. AK-451; McKee v. FPPC, Case Nos. AL-168 and AK-456; Hawkins v. FPPC, Case No. AK-150.

. Petitioner Oishi indicates that he was interviewed on June 26, 1982, and a PPRD was recommended by the hearing examiner panel.

. E.g., Arlotta v. FPPC, Case No. AJ-416; Kline v. FPPC, Case No. AL-415; Dean v. FPPC, AH-91; and Williams v. FPPC, Case No. AH-438.


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Citator

Cited By

  • Roberson v. Fla. Parole & Prob. Comm'n, 444 So. 2d 917 (Fla. 1983)
    …A. 2d 193, 196 (1971)) (footnotes omitted) (original emphasis deleted; emphasis supplied). The only way to assure a proper respect for the rights of prisoners is to insure judicial review. See, e.g., Oishi v. Florida Parole and Probation Commission, 418 So. 2d 329 (Fla. 1st DCA 1982). There should be no room for a “shadow government” in a government in the sunshine. Accordingly, we deny the petition for writ of prohibition, quash the opinion of the district court in Roberson, and approve the opinion in Dani…
  • Williams v. State, 8 So. 3d 1276 (Fla. 4th DCA 2009)
    …sult, our affirmance is without prejudice for appellant to pursue any available administrative remedies or if he has exhausted his administrative remedies to petition the circuit court for a writ of mandamus. See Oishi v. Fla. Parole & Prob. Comm’n, 418 So. 2d 329 (Fla. 1st DCA 1982); Greer v. Fla. Parole & Prob. Comm’n, 403 So. 2d 1000 (Fla. 1st DCA 1981). GROSS, C.J., POLEN and FARMER, JJ., concur.…

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