No. 18-6000

Angel Barreiro v. Julie L. Jones, Secretary, Florida Department of Corrections

Lower Court: Florida
Docketed: 2018-09-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights de-facto-life-sentence due-process equal-protection florida-supreme-court life-sentence parole parole-eligibility parole-process sentencing statutory-interpretation statutory-scheme
Key Terms:
DueProcess Punishment
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Whether all 4,626 pre-1994 parole eligible Inmates in the State of Florida should also benefit from the Florida Supreme Court's ruling in Atwell v. State

Question Presented (from Petition)

QUESTION PRESENTED Whether all 4,626 pre-1994 parole eligible Inmates in the State of Florida whom all are equally situated under the statutory schemes and criteria’s of Fla. Stat. 947, just like the pre-1994 Juvenile Inmates, should also benefit from the Florida Supreme Court’s ruling in Atwell v. State, 197 So.3d 1040 (Fla. 2016) that based on the Florida’s Parole process under the existing statutory scheme, it is unconstitutionally altering a life sentence with parole eligibility into a de facto life without parole because the presumptive parole release dates (PPRD) being established are far exceeding a parole eligible inmate’s life expectancy.

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-10-04
Waiver of right of respondent Jones, Sec., FL DOC to respond filed.
2018-03-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2018)

Attorneys

Angel Barreiro
Angel Barreiro — Petitioner
Angel Barreiro — Petitioner
Jones, Sec., FL DOC
Beverly Bartlett BrewsterOffice of General Counsel, Respondent
Beverly Bartlett BrewsterOffice of General Counsel, Respondent