Legal Opinion

Peterson v. Florida Parole Commission

District Court of Appeal of Florida

Decided July 6, 2007No. 1D06-6551Published

1Per 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, and HAWKES, JJ., concur.

2Cases cited3 opinions

  1. Bard v. WolsonDistrict Court of Appeal of Florida · 1997
  2. McCarthy v. Florida Parole CommissionDistrict Court of Appeal of Florida · 2005
  3. Smith v. Florida Department of CorrectionsDistrict Court of Appeal of Florida · 2004