Sheley v. Florida Parole Com'n, No. 92260

CourtUnited States State Supreme Court of Florida
Writing for the CourtSHAW; HARDING
Parties23 Fla. L. Weekly S556 Robert P. SHELEY, Petitioner, v. FLORIDA PAROLE COMMISSION, Respondent.
Docket NumberNo. 92260
Decision Date22 October 1998

Page 216

720 So.2d 216
23 Fla. L. Weekly S556
Robert P. SHELEY, Petitioner,
v.
FLORIDA PAROLE COMMISSION, Respondent.
No. 92260.
Supreme Court of Florida.
Oct. 22, 1998.

Robert P. Sheley, Calipatria, CA, Petitioner, pro se.

William L. Camper, General Counsel, and Kim M. Fluharty, Assistant General Counsel, Tallahassee, for Respondent.

SHAW, Justice.

We have for review Sheley v. Florida Parole Commission, 703 So.2d 1202 (Fla. 1st DCA 1997), wherein the district court certified conflict with Johnson v. Florida Parole & Probation Commission, 543 So.2d 875 (Fla. 4th DCA 1989). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We approve Sheley as explained below.

The relevant facts are set forth in the district court opinion under review:

Page 217

The Parole Commission entered an order on July 16, 1996, suspending inmate Sheley's presumptive parole release date and declining to authorize an effective parole release date. In support of the order, the Commission cited the inmate's lengthy criminal history and the facts of some of his prior offenses. These offenses included escapes and escape attempts as well as armed attacks on law enforcement and corrections personnel. The Commission also expressed serious concerns about the inmate's mental health evaluation. Based on this evidence, the Commission concluded that the inmate's "release on parole would not be compatible with his welfare or the welfare of society."

This order became the subject of the inmate's petition for writ of mandamus in the circuit court. There he argued that the Commission was in error as to certain facts relating to the prior convictions, and that the Commission had failed to note an intervening mental health evaluation which contained more positive information. The circuit court issued an order to show cause, and the Commission filed a response containing the records considered in the administrative hearing. Following the submission of the response, the circuit court denied the petition for writ of mandamus. The court found that "there is ample evidence to support the Commission's decision declining to authorize the [inmate's] effective parole release date."

Sheley, 703 So.2d at 1204. Sheley appealed the circuit court order and the district court treated the appeal as a petition for writ of certiorari and denied the petition.

Sheley claims that the district court erred in treating his appeal as a petition for writ of certiorari. He contends that he was entitled...

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179 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
    ...court of appeal. See Sheley v. Florida Parole Comm., 703 So.2d 1202, 1205 (Fla. 1st DCA 1997) (criminal division en banc), approved 720 So.2d 216 (Fla.1998) (finding that "[a]lthough the Florida Parole Commission is an administrative agency, a special provision of the Administrative Procedu......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...1202 (Fla. 1st DCA 1997) (en banc decision released by criminal division without antecedent publication of panel decision), approved by 720 So.2d 216 (Fla. 1998); Richardson v. State, 698 So.2d 551 (Fla. 1st DCA 1997) (en banc decision released by criminal division without antecedent public......
  • Banks v. Jones, No. 1D15–0330.
    • United States
    • Court of Appeal of Florida (US)
    • July 12, 2016
    ...challenges to Close Management assignment shall be by second-tier certiorari review in this court. Sheley v. Fla. Parole Comm'n, 720 So.2d 216 (Fla.1998) ; Plymel v. Moore, 770 So.2d 242 (Fla. 1st DCA 2000). In addition to our holding today, we also certify conflict with the Fifth District ......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...1202 (Fla. 1st DCA 1997) (en banc decision released by criminal division without antecedent publication of panel decision), approved by 720 So.2d 216 (Fla. 1998); Richardson v. State, 698 So.2d 551 (Fla. 1st DCA 1997) (en banc decision released by criminal division without antecedent public......
  • Request a trial to view additional results
180 cases
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...1202 (Fla. 1st DCA 1997) (en banc decision released by criminal division without antecedent publication of panel decision), approved by 720 So.2d 216 (Fla. 1998); Richardson v. State, 698 So.2d 551 (Fla. 1st DCA 1997) (en banc decision released by criminal division without antecedent public......
  • Banks v. Jones, No. 1D15–0330.
    • United States
    • Court of Appeal of Florida (US)
    • July 12, 2016
    ...challenges to Close Management assignment shall be by second-tier certiorari review in this court. Sheley v. Fla. Parole Comm'n, 720 So.2d 216 (Fla.1998) ; Plymel v. Moore, 770 So.2d 242 (Fla. 1st DCA 2000). In addition to our holding today, we also certify conflict with the Fifth District ......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...1202 (Fla. 1st DCA 1997) (en banc decision released by criminal division without antecedent publication of panel decision), approved by 720 So.2d 216 (Fla. 1998); Richardson v. State, 698 So.2d 551 (Fla. 1st DCA 1997) (en banc decision released by criminal division without antecedent public......
  • 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
    ...court of appeal. See Sheley v. Florida Parole Comm., 703 So.2d 1202, 1205 (Fla. 1st DCA 1997) (criminal division en banc), approved 720 So.2d 216 (Fla.1998) (finding that "[a]lthough the Florida Parole Commission is an administrative agency, a special provision of the Administrative Procedu......
  • Request a trial to view additional results

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