Jones v. Florida Parole Commission

Although I would quash the decision of the Fourth District Court of Appeal below, I would not address the constitutionality of applying section 95.11(5)(f), Florida Statutes (2008), to habeas petitions. Instead, I would hold that section 95.11(5)® does not bar habeas petitions challenging present detention.

Section 95.11(5)® provides that “a petition for extraordinary writ, other than a petition challenging a criminal conviction, filed by or on behalf of a prisoner” must be filed within one year. In addition, section 95.081, Florida Statutes (2008), provides that “the time within which an…