No. 19-7560

Michael Swain v. Florida Commission on Offender Review

Lower Court: Eleventh Circuit
Docketed: 2020-02-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: arbitrary-action circuit-court-conflict constitutional-protections due-process federal-law government-agency habeas-corpus habeas-corpus-relief parole parole-board
Key Terms:
AdministrativeLaw DueProcess ClassAction
Latest Conference: 2020-03-27
Question Presented (from Petition)

DID THE JUDGES OF THE UNITED STATES ELEVENTH CIRCUIT COURT OF APPEAL VIOLATE PETITIONER'S CONSTITUTIONAL DUE PROCESS PROTECTIONS WHEN THEY AFFIRMED THE DISTRICT COURT'S DENIAL OF HABEAS CORPUS RELIEF TO PETITIONER WITHOUT REVISITING JONAS V. WAINWRIGHT, 779 F.2D 1576 (11TH CIR. 1986) FOR THE PURPOSE OF RESOLVING A CIRCUIT COURT'S CONFLICT BETWEEN JONAS AND THE UNITED STATES TENTH CIRCUIT COURT OF APPEALS DECISION IN JOOST V. U.S. PAROLE COMMISSION, 698 F.2D 418 (10TH CIR. 1983) ON AN ISSUE OF FEDERAL LAW THAT A VIOLATION OF PAROLE BOARD'S OWN REGULATIONS, BARRING CONSIDERATION AND RELIANCE ON CRIMINAL OFFENSES FOR WHICH PROSPECTIVE PAROLEE HAD BEEN ACQUITTED VIOLATES PETITIONER'S CONSTITUTIONAL DUE PROCESS PROTECTIONS AGAINST ARBITRARY ACTION BY GOVERNMENT AGENCY?

Question Presented (AI Summary)

Did the judges of the United States Eleventh Circuit Court of Appeal err when they affirmed the district court's denial of habeas corpus relief to petitioner without revisiting Jonas v. Wainwright, 779 F.2d 1576 (11th Cir. 1986) for the purpose of resolving a circuit court conflict between Jonas and the United States Tenth Circuit Court of Appeals' decision in Joost v. U.S. Parole Commission, 698 F.2d 418 (10th Cir. 1983) on an important matter of federal law that a violation of parole board's own regulations, barring consideration and reliance on criminal offenses for which prospective parolee had been acquitted, violates petitioner's constitutional due process protections against arbitrary action by government agency?

Docket Entries

2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-02-24
Waiver of right of respondent Florida Commission on Offender Review to respond filed.
2019-11-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2020)

Attorneys

Florida Commission on Offender Review
Mark HiersFlorida Commission On Offender Review, Respondent
Michael Swain
Michael Swain — Petitioner