Wolack v. Pate

Patricia Wolack appeals from the summary dismissal of her petition for writ of habeas corpus. In her petition, Wolack challenged the Florida Parole Commission’s determination of her presumptive parole release date. Although the trial court correctly determined that Wolack’s claim was not appropriately raised in a habeas petition, it should have treated the petition as one seeking mandamus relief and transferred the cause to the appropriate venue.

Habeas relief is not an available remedy for the allegedly improper action of the Parole Commission in setting or extending *360a presumptive parole…