WILLIAM MCCARTHY, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT
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PER CURIAM.
As the Parole Commission concedes, the circuit, court erred in denying McCarthy’s petition for writ of habeas corpus prior to expiration of the time afforded for him to reply to the Commission’s response. See Smith v. Florida Department of Corrections, 882 So. 2d 1090 (Fla. 1st DCA 2004); cf., Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1997). We note that McCarthy tendered a reply contemporaneously with the filing of his motion for rehearing below. Accordingly, the circuit court’s order is quashed and this cause is remanded with directions to reconsider the matter in light of McCarthy’s reply. Based on this disposition, we decline to address the other arguments presented by petitioner, as those matters should be considered in the first instance by the lower tribunal.
ALLEN, VAN NORTWICK and PADOVANO, JJ., concur.
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Wigfals v. McDONOUGH, 925 So. 2d 485 (Fla. 2d DCA 2006)…ission concedes in this certiorari proceeding, the circuit court erred in denying Wigfals’ petition for writ of habeas corpus prior to expiration of the time afforded for him to reply to the Commission’s response. See McCarthy v. Fla. Parole Comm’n, 889 So. 2d 1018 (Fla. 1st DCA 2005); Minott v. State, 718 So. 2d 381 (Fla. 5th DCA 1998); Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1996). We therefore grant the cer-tiorari petition and quash the order denying the writ of habeas corpus. The trial court is instr…
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Peterson v. Fla. Parole Comm'n, 959 So. 2d 436 (Fla. 1st DCA 2007)…ER CURIAM. As the Florida Parole Commission concedes, the circuit court erred in denying Peterson’s petition for writ of habeas corpus without affording him sufficient time to reply to the Commission’s response. See McCarthy v. Fla. Parole Comm’n, 889 So. 2d 1018 (Fla. 1st DCA 2005); Smith v. Fla. Dept. of Corrs., 882 So. 2d 1090 (Fla. 1st DCA 2004); Bard v. Wolson, 687 So. 2d 254, 255-256 (Fla. 1st DCA 1996). Accordingly, we GRANT the writ of certiorari and QUASH the circuit court’s order. BARFIELD, ALLEN…
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Lewis v. Fla. Parole Comm'n, 78 So. 3d 122 (Fla. 1st DCA 2012)…PER CURIAM. The circuit court erred in denying Lewis’s petition for writ of habeas corpus prior to the filing of his reply to the Florida Parole Commission’s response. See McCarthy v. Fla. Parole Comm’n, 889 So. 2d 1018 (Fla. 1st DCA 2005). Although Lewis filed a reply contemporaneously with his motion for rehearing or reconsideration and the circuit court denied that motion, it is not apparent from the record whether the circuit court considered the arguments pres…
Authorities Cited
- Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1996)
- Shoemaker v. State, 882 So. 2d 1090 (Fla. 1st DCA 2004)
- Smith v. Fla. Dep't OF Corr. & Fla. Parole Comm'n, 882 So. 2d 1090 (Fla. 1st DCA 2004)