EMILE PARKER
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Department of Corrections possesses exclusive authority to regulate and determine gain time credits under chapter 944, Florida Statutes, and defendants must pursue administrative procedures rather than seek judicial relief.
[1] The Department of Corrections possesses exclusive statutory authority to regulate and determine the award of gain time credits under chapter 944, Florida Statutes, and ju…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The authority to regulate gain time resides exclusively within the Department of Corrections pursuant to chapter 944, Florida Statutes.”
Moore v. Pearson, cited for the proposition establishing exclusive departmental authority
Emile Parker appealed a circuit court decision in Miami-Dade County regarding a gain time credit determination. The case involved a challenge to the D…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Opinion filed February 5, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-2057 Lower Tribunal No. F12-29714
________________
Emile Parker,
Appellant,
vs.
State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Christine Hernandez, Judge. Emile Parker, in proper person. John Guard, Acting Attorney General, for appellee. Before LOGUE, C.J., and LOBREE and GOODEN, JJ. PER CURIAM. Affirmed. See Moore v. Pearson, 789 So. 2d 316, 319 (Fla. 2001) (“The authority to regulate gain time resides exclusively within the Department of Corrections pursuant to chapter 944, Florida Statutes.”); Tribue v. State, 682 So. 2d 196, 197 (Fla. 3d DCA 1996) (“However, the responsibility for making the determination of the actual amount of gain time rests with the Department of Corrections. The burden falls upon the defendant to seek credit for this time pursuant to the appropriate administrative procedures.”) (internal citations omitted); Walker v. State, 619 So. 2d 518, 519 (Fla. 1st DCA 1993) (“The award of gain time is solely a function of the Department of Corrections.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Moore v. Pearson, 789 So. 2d 316 (Fla. 2001)
- Walker v. State, 619 So. 2d 518 (Fla. 1st DCA 1993)
- Herskowitz v. Charney, 682 So. 2d 196 (Fla. 3d DCA 1996)