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eBook details

• Title: Gomez v. Singletary
• Author : Florida Supreme Court
• Release Date : January 24, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

This case concerns the consolidated petitions for writ of habeas corpus filed by petitioners Alejandro Gomez, Alex David Goodwin, Steven Kivett, Jeffrey Lynn Hock, and Giovanni Galvis. We have jurisdiction pursuant to Article V, section 3(b)(9) of the Constitution of Florida. We find that United States Supreme Court decisions mandate that we grant the petitions. We must do so because the substitution of the Control Release Program by the State for the statutory overcrowding programs in effect at the time of the petitioners offenses improperly curtailed the availability of future credits. Consequently, under Weaver v. Graham, 450 U.S. 24 (1981), as reaffirmed in Lynce v. Mathis, 519 U.S. 433 (1997), this action constituted a violation of the Ex Post Facto Clause of the United States Constitution. See U.S. Const. art I, § 10. We note that this case is clearly distinguishable from Meola v. Department of Corrections, Nos. 89,982, 90,148 & 90,241 (Fla. Dec. 24, 1998), and Thomas v. Singletary, Nos. 90,128 & 90,188 (Fla. Dec. 24, 1998), in which we are denying relief.

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