Carswell v. Florida Parole Commission

Eddie Carswell seeks certiorari review of a circuit court order denying his second petition for writ of habeas corpus, seeking immediate release. Carswell argues that his current incarceration — ordered after Carswell violated a term of his conditional release — is illegal because the Florida Parole Commission never had authority to supervise him on conditional release. The trial court ordered a response from the Commission, and expressly authorized Carswell to file a reply. Although Cars-well timely filed a reply, the trial court did not await the reply and entered the denial order prior to…