Lewis v. Florida Parole Commission
This text of 78 So. 3d 122 (Lewis v. Florida Parole Commission) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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 presented in petitioner’s reply. Accordingly, we are constrained to quash the order denying habeas corpus relief and remand the matter with directions to reconsider petitioner’s claim in light of the matters argued in his reply.
Petition for writ of certiorari GRANTED, order QUASHED, and REMANDED with directions.
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Cite This Page — Counsel Stack
78 So. 3d 122, 2012 Fla. App. LEXIS 1117, 2012 WL 254972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-florida-parole-commission-fladistctapp-2012.