Legal Opinion · Dissent

Jones v. Florida Parole Commission

Supreme Court of Florida

Decided October 14, 2010No. SC09-612Published

1DissentCanady, C.J.

I would approve the decision of the Fourth District Court of Appeal, which recognizes that section 95.11(5)(f), Florida Statutes (2008), barred Jones’s 2008 petition seeking habeas relief from the decision of the Florida Parole Commission to revoke his parole in 1990.

The conclusion that the adoption by the Legislature of this statute of limitations violates the constitutional separation of powers is grounded on a confusion of the fundamental distinction between original judicial jurisdiction and appellate judicial jurisdiction. The Florida Constitution expressly gives the Supreme Court the…

2Cases cited3 opinions

  1. Allen v. ButterworthSupreme Court of Florida · 2000
  2. Gay v. SingletarySupreme Court of Florida · 1997
  3. Cummings v. CummingsDistrict Court of Appeal of Florida · 2004

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