Michael Swain v. Florida Commission on Offender Review
AdministrativeLaw DueProcess ClassAction
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?
QUESTION PRESENTED To bring this case before the Supreme Court for a decision on the merits, the following federal question is presented for review: 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 y, WAINWRIGHT, 779 F.2D 1576 (11™ 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 y. US. PAROLE oS , COMMISSION, 698 F.2D 418 (0™ 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? ii