Merritt v. Crosby, No. 1D04-2089.

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM.
Citation893 So.2d 598
PartiesPaul W. MERRITT, Petitioner, v. James V. CROSBY, Secretary, Florida Department of Corrections, and Monica David, Chair, Florida Parole Commission, Respondents.
Docket NumberNo. 1D04-2089.
Decision Date05 January 2005

893 So.2d 598

Paul W. MERRITT, Petitioner,
v.
James V. CROSBY, Secretary, Florida Department of Corrections, and Monica David, Chair, Florida Parole Commission, Respondents

No. 1D04-2089.

District Court of Appeal of Florida, First District.

January 5, 2005.

Rehearing Denied February 22, 2005.


Paul W. Merritt, petitioner, pro se.

Louis A. Vargas, General Counsel, and Beverly Brewster, Assistant General Counsel, for respondent Department of Corrections, Tallahassee; Kim M. Fluharty, General Counsel, and Bradley R. Bischoff, Assistant General Counsel, for respondent Florida Parole Commission, Tallahassee.

PER CURIAM.

Paul W. Merritt seeks certiorari review of an order of the circuit court denying his petition for writ of habeas corpus. In that petition, Merritt challenged an order of the Florida Parole Commission revoking his parole. We conclude that the circuit court departed from the essential requirements of law by denying habeas corpus relief, and therefore quash its order.

After having remained at liberty on parole for more than eight years, Merritt was alleged to have violated the terms of his supervision by committing a battery upon his girlfriend, Jeanice Pauldon. At his parole revocation hearing, Merritt admitted

893 So.2d 599
that he and Pauldon had gotten into an argument, but testified that although she struck him a number of times, he did not hit her. A deputy sheriff testified that he was dispatched to Merritt's residence at 6:50 a.m. on the morning of the alleged incident, and arrived at that location 19 minutes later. According to the deputy, Pauldon told him that "Paul and she had been in an argument and that he had punched her and hit her several times." Pauldon had a raised welt to the forehead, a bloody nose, and a swollen lip, and she told the deputy that these injuries were a result of having been struck by her boyfriend Paul. Merritt was arrested on a charge of domestic battery, but that charge was ultimately dismissed due to Pauldon's unwillingness to testify. Pauldon likewise did not appear to testify at Merritt's parole revocation hearing

At the conclusion of the revocation hearing, the hearing examiner found Merritt not guilty of the charged violation "based upon the lack of testimony and evidence to prove that the parolee [committed the alleged battery]." Despite this, the Parole Commission found Merritt guilty based upon the deputy's testimony and entered its order revoking parole. Merritt then sought habeas...

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6 practice notes
  • Collins v. Hendrickson, No. 8:02 CV 1438 T 27MSS.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • January 26, 2005
    ...1022 (Fla. 1st DCA 2003)4; see also, Mabrey v. Florida Parole Commission, 858 So.2d 1176, 1183 (Fla. 2d DCA 2003): Merritt v. Crosby, 893 So.2d 598, (Fla. 1st DCA 2005)("As we explained in Tedder v. Florida Parole Commission, (citation omitted), the Parole Commission is not at liberty ......
  • Suggs v. Fla. Parole Comm'n, CASE NO. 14-60310-Civ-GAYLES
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • December 2, 2014
    ...So.2d 1022 (Fla. 1 DCA 2003). See also Mabrey v. Florida Parole Commission, 858 So.2d 1176, 1183 (Fla. 2 DCA 2003); Merritt v. Crosby, 893 So.2d 598, 599 (Fla. 1t DCA 2005)("As we explained in Tedder v. Florida Parole Commission, (citation omitted), the Parole Commission is not at libe......
  • Nelson v. Florida Parole Comm'n, Case No. 5:09cv218/RS/EMT
    • United States
    • U.S. District Court — Northern District of Florida
    • October 3, 2011
    ...to support a revocation, but in his case, Deputy Sanchez's hearsay testimony was not corroborated (id. at 5-8 (citing Merritt v. Crosby, 893 So. 2d 598 (Fla. 1st DCA 2005) and Arndt v. State, 815 So. 2d 674 (Fla. 5th DCA 2000))). 1. Record of Parole Revocation Proceedings The hearing examin......
  • G.T. v. Department of Children and Family Services, No. 1D06-0280.
    • United States
    • Court of Appeal of Florida (US)
    • August 15, 2006
    ...revoked solely on the basis of hearsay. Knight v. State, 801 So.2d 160 (Fla. 2d DCA 2001).") (citation omitted); Merritt v. Crosby, 893 So.2d 598, 599 (Fla. 1st DCA 2005) ("The sole evidence to support the Commission's finding of guilt consisted of the deputy's recitation of [appe......
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6 cases
  • Collins v. Hendrickson, No. 8:02 CV 1438 T 27MSS.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • January 26, 2005
    ...1022 (Fla. 1st DCA 2003)4; see also, Mabrey v. Florida Parole Commission, 858 So.2d 1176, 1183 (Fla. 2d DCA 2003): Merritt v. Crosby, 893 So.2d 598, (Fla. 1st DCA 2005)("As we explained in Tedder v. Florida Parole Commission, (citation omitted), the Parole Commission is not at liberty ......
  • Suggs v. Fla. Parole Comm'n, CASE NO. 14-60310-Civ-GAYLES
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • December 2, 2014
    ...So.2d 1022 (Fla. 1 DCA 2003). See also Mabrey v. Florida Parole Commission, 858 So.2d 1176, 1183 (Fla. 2 DCA 2003); Merritt v. Crosby, 893 So.2d 598, 599 (Fla. 1t DCA 2005)("As we explained in Tedder v. Florida Parole Commission, (citation omitted), the Parole Commission is not at libe......
  • Nelson v. Florida Parole Comm'n, Case No. 5:09cv218/RS/EMT
    • United States
    • U.S. District Court — Northern District of Florida
    • October 3, 2011
    ...to support a revocation, but in his case, Deputy Sanchez's hearsay testimony was not corroborated (id. at 5-8 (citing Merritt v. Crosby, 893 So. 2d 598 (Fla. 1st DCA 2005) and Arndt v. State, 815 So. 2d 674 (Fla. 5th DCA 2000))). 1. Record of Parole Revocation Proceedings The hearing examin......
  • G.T. v. Department of Children and Family Services, No. 1D06-0280.
    • United States
    • Court of Appeal of Florida (US)
    • August 15, 2006
    ...revoked solely on the basis of hearsay. Knight v. State, 801 So.2d 160 (Fla. 2d DCA 2001).") (citation omitted); Merritt v. Crosby, 893 So.2d 598, 599 (Fla. 1st DCA 2005) ("The sole evidence to support the Commission's finding of guilt consisted of the deputy's recitation of [appe......
  • Request a trial to view additional results

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