McCarthy v. Florida Parole Commission

889 So.2d 1018 (2005)

William McCARTHY, Petitioner,

v.

FLORIDA PAROLE COMMISSION, Respondent.

No. 1D04-2829.

District Court of Appeal of Florida, First District.

January 5, 2005.

William McCarthy, petitioner, pro se.

Kim M. Fluharty, General Counsel, and Bradley R. Bischoff, Assistant General Counsel, Florida Parole Commission, for respondent.

As the Parole Commission concedes, the circuit court erred in denying McCarthy's petition for writ of habeas corpus prior to expiration of the time afforded for him to reply to the Commission's response. See Smith v. Florida Department of Corrections, 882 So.2d…