Lewis v. Florida Parole Commission

The circuit court erred in denying Lewis’s petition for writ of habeas corpus prior to the filing of his reply to the Florida Parole Commission’s response. See McCarthy v. Fla. Parole Comm’n, 889 So.2d 1018 (Fla. 1st DCA 2005). Although Lewis filed a reply contemporaneously with his motion for rehearing or reconsideration and the circuit court denied that motion, it is not apparent from the record whether the circuit court considered the arguments presented in petitioner’s reply. Accordingly, we are constrained to quash the order denying habeas corpus relief and remand the matter with…