No. 18-5257

Frederick E. Melvin v. Julie L. Jones, Secretary, Florida Department of Corrections, et al.

Lower Court: Florida
Docketed: 2018-07-18
Status: Denied
Type: IFP
IFP
Tags: civil-rights due-process ex-post-facto parole prisoner-rights retroactive-application sentencing separation-of-powers statutory-interpretation
Latest Conference: 2018-09-24
Question Presented (from Petition)

(1) Would it be unconstitutional if the Florida Commission on Offender Review formerly the Florida Parole Commission knowingly operate Florida's Consolidated Senate and House Bill 1574, 1402, 1430, 1438, 1439, and 1567, which passed as Chapter 88-122 and, among other things, enacted sec. 947.1405, Florida Statutes (1988), which was eliminated from the Senate's Journal on June 3, 1988, after the Senate amended the bill by striking everything after the enacting clause?

(2) Would it be unconstitutional if the Florida Commission on Offender Review formerly the Florida Parole Commission knowingly operate Florida's Consolidated Senate and House Bill 1574, 1402, 1430, 1438, 1439, and 1567, which passed as Chapter 88-122 and, among other things, enacted sec. 947.1405, Florida Statutes (1988), which was eliminated from the Senate's Journal on June 3, 1988, after the Senate amended the bill by striking everything after the enacting clause, despite the bill not being finally enacted prior to the amendment of the statute, and a prisoner's offenses being committed?

(3) Does the Florida Commission on Offender Review formerly the Florida Parole Commission violate the ex post facto clause of both the United States and Florida Constitutions when it applies the 1988 version or the 1989 amended version of sec. 947.1405, Florida Statutes, to a prisoner's sentence where the Florida Senate amended Consolidated House Bill 1574, 1402, 1430, 1438, 1439, and 1567, which passed as Chapter 88-122 and among other things, enacted sec. 947.1405, Florida Statutes (1988), which was eliminated from the Senate's Journal on June 3, 1988, after the Senate amended the bill by striking everything after the enacting clause, in which, neither the true bill nor the statute was re-enacted prior to the date a prisoner's offenses were committed?

(4) Does the Florida Department of Corrections knowingly violate the ex post facto clause of both the United States and Florida Constitutions when it applies the 1989 amended version of sec. 944.08(1), Florida Statutes (effective date September 1, 1990), to a prisoner's sentence whose offenses were committed on October 1, 1989 and January 1, 1990, to forfeit a prisoner's previously awarded one-third statutory basic gain-time, earned incentive upon a prisoner's revocation of Conditional Release when a prisoner's offenses were committed prior to the statute's amended effective date?

Question Presented (AI Summary)

Whether the Florida Commission on Offender Review (formerly the Florida Parole Commission) unconstitutionally operates under Florida Senate and House Bills 1574, 1432, 1430, 1488, 1489, and 1507, which passed as Chapter 88-122 and, among other things, enacted Sec. 947.146, Florida Statutes (1988), which was eliminated from the Senate Journal on June 3, 1988, after the Senate amended the bill by striking everything other than the enacting clause

Docket Entries

2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 17, 2018)

Attorneys

Frederick E. Melvin
Frederick E. Melvin — Petitioner