MICHAEL S. DONOVAN, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT

Fla. 2d DCA | 2011-10-26
No. 2D11-1094
LaROSE and CRENSHAW, JJ., Concur.
72 So. 3d 339 Florida District Court of Appeal, Second District (2011) Positive Treatment
Cited by 2 cases
Topics
Certiorari Review Procedural Due Process Petition For Writ Of Habeas Corpus Habeas Corpus

Explore caselaw by topic → Browse Certiorari Review cases and more on FLexlaw

Opinion of the Court
DAVIS, Judge.

DAVIS, Judge.

Michael S. Donovan seeks certiorari review of the circuit court order dismissing his petition for writ of habeas corpus in which he sought to challenge the order revoking his parole. The circuit court dismissed the habeas petition under the mistaken belief that Donovan should have filed a direct appeal of the order of revocation. A petition for writ of habeas corpus filed in the circuit court is the proper way to obtain review of an order revoking parole. Richardson v. Fla. Parole Comm’n, 924 So.2d 908, 910 (Fla. 1st DCA 2006) (“In lieu of a statutory right to an appeal, review of the [Parole] Commission’s orders remains available by petitions for habeas corpus or mandamus filed in the circuit court.”). Accordingly, in dismissing the petition, the circuit court departed from the essential requirements of law and deprived Donovan of the procedural due process to which he is entitled. See generally Sheley v. Fla. Parole Comm’n, 720 So.2d 216, 217-18 (Fla.1998). We therefore grant the petition for writ of certiorari and quash the order dismissing Donovan’s petition for writ of habeas corpus.

Granted.

LaROSE and CRENSHAW, JJ., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Mabrey v. Fla. Parole Comm'n, 109 So. 3d 1264 (Fla. 2d DCA 2013)
    …briefing and concedes that Mabrey, who resides -within the territorial jurisdiction of the Sixth Judicial Circuit, properly sought his immediate release by filing a petition for writ of habeas corpus in that court. See Donovan v. Fla. Parole Comm’n, 72 So. 3d 339, 340 (Fla. 2d DCA 2011). Furthermore, the petition demonstrates on its face that Mabrey exhausted his administrative remedies once the Commission took final action on the revocation of his conditional release. The circuit court, acting in its appell…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw