PAROLE COM'N v. LOCKETT

No. 80264.

620 So.2d 153 (1993)

PAROLE COMMISSION, Petitioner, v. Jerry T. LOCKETT, Judge, etc., Respondent.

Supreme Court of Florida.

Rehearing Denied June 23, 1993.


Attorney(s) appearing for the Case

William L. Camper, Gen. Counsel, Florida Parole Com'n, Tallahassee, for petitioner.

Jerri A. Blair of Blair & Cooney, P.A., Tavares, for respondent.

J. Hardin Peterson, Gen. Counsel, Tallahassee, on behalf of Lawton Chiles, as Governor, Peter Antonacci, Deputy Gen. Counsel, Tallahassee, on behalf of Robert A. Butterworth, as Atty. Gen., Phyllis Slater, Gen. Counsel, Tallahassee, on behalf of Jim Smith, as Secretary of State, Sydney H. McKenzie, III, Gen. Counsel, Tallahassee, on behalf of Betty Castor, as Com'r of Educ., Donald A. Dowdell, Director, Div. of Legal Services, Office of the Treasurer, Tallahassee, on behalf of Tom Gallagher, as Treasurer, and Larry Helm Spalding, Capital Collateral Representative and M. Elizabeth Wells, Asst. CCR, Office of the Capital Collateral Representative, Tallahassee, on behalf of James Aren Duckett, a death-sentenced Florida prisoner, Intervenors.


OVERTON, Justice.

The Florida Parole Commission petitions this Court for a writ of prohibition to prohibit a circuit court judge in a rule 3.8501 proceeding from requiring the Parole Commission to produce certain investigative files compiled by the Commission on behalf of the Governor and Cabinet acting in their capacity as the Board of Executive Clemency. This is a separation of powers issue.2 The question...

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