Supreme Court of Florida

Willie F. Jones v. Florida Parole Commission

October 14, 201035 Fla. L. Weekly Supp. 578

Summary

In this dissent, Justice Canady argues that Florida Statutes §95.11(5)(f) does not violate the constitutional separation of powers because the statute governs an original habeas proceeding, not appellate review, and that the one‑year limitations period begins when the cause of action accrues, not while the petitioner remains confined. He also rejects the argument that the statute should be read to exclude habeas petitions. The opinion is joined by a separate dissent from Justice Polston, who likewise disagrees with the majority’s result.