Florida Parole Commission, Petitioner v. Joseph Robert Spaziano, Respondent — Canady, J., Dissenting

Summary

Chief Justice Canady dissents, arguing that a challenge to a Florida Parole Commission presumptive parole release date is not a collateral criminal proceeding and therefore the Prisoner Indigency Statute does not apply. He contends the majority’s reliance on an analogy to Schmidt v. Crusoe improperly extends the statutory exemption and violates legislative intent. The dissent would quash the lower court’s decision and answer the certified question in the negative.