Narrative Opinion Summary
The case involves the denial of George W. Mobley's petition for writ of certiorari, which sought to review the decision of the Polk County Circuit Court denying his habeas corpus petition. Mobley was convicted of two armed robberies as a juvenile and sentenced to two consecutive ninety-nine-year terms. Paroled in 1999, his parole was revoked in 2003 for leaving his designated area without permission. Mobley challenged this revocation and his presumptive parole release date. However, the appellate court upheld the lower court's decision, emphasizing that certiorari relief is limited to addressing procedural due process violations that lead to a miscarriage of justice, as per Sheley v. Fla. Parole Comm’n. The court found no such violations in Mobley's case. While his habeas corpus petition was denied, Mobley retains the right to petition in Leon County regarding his parole release date. Judges Casanueva and Villanti concurred with the decision, affirming that the petition for writ of certiorari was appropriately denied.
Legal Issues Addressed
Certiorari Relief Limitationssubscribe to see similar legal issues
Application: The court held that certiorari relief is not available unless there is a procedural due process violation resulting in a miscarriage of justice.
Reasoning: The court found that neither it nor the trial court could grant Mobley relief under the applicable standards, as outlined in Sheley v. Fla. Parole Comm’n, which states that certiorari relief is only available for procedural due process violations that result in a miscarriage of justice.
Habeas Corpus Petition Denialsubscribe to see similar legal issues
Application: Mobley's petition for habeas corpus was denied due to lack of grounds for ordering his release.
Reasoning: This denial does not affect his right to seek review of his presumptive parole release date in Leon County.
Jurisdiction for Parole Release Date Reviewsubscribe to see similar legal issues
Application: The trial court suggested that Mobley should file a new petition in Leon County to address his presumptive parole release date.
Reasoning: While the trial court could have transferred his claim regarding the presumptive parole release date to Leon County, it was deemed more appropriate for Mobley to file a new petition specifically addressing that issue.