SUTTON v. FLORIDA PAROLE COM'N

No. 4D07-3653.

975 So.2d 1256 (2008)

William J. SUTTON, Appellant, v. FLORIDA PAROLE COMMISSION, State of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 1, 2008.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, Margaret Good-Earnest, Assistant Public Defender, West Palm Beach, for appellant.

Kim M. Fluharty, General Counsel, Florida Parole Commission, Tallahassee, for appellee.


FARMER, J.

We grant appellant's motion for rehearing and thus withdraw our previous opinion affirming the decision of the trial court without prejudice to pursue administrative remedies. The issue presented by this appeal turns out to be both novel to this court and significant. And a proper understanding of the case requires some context and history.

According to a popular TV series, the criminal justice system is divided into "two separate but equally important...

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