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U.S. Court of Appeals for the Fifth Circuit, 1979

Richard Franklin Miller v. Dale Carson, Etc., Louis L. Wainwright, Director, Division of Corrections, T. Edward Austin, Amicus Curiae

Richard Franklin Miller v. Dale Carson, Etc., Louis L. Wainwright, Director, Division of Corrections, T. Edward Austin, Amicus Curiae
U.S. Court of Appeals for the Fifth Circuit · Decided July 25, 1979 · Tuttle, Wisdom, Coleman
599 F.2d 742; 1979 U.S. App. LEXIS 12907 (Federal Reporter, Second Series)

Richard Franklin Miller v. Dale Carson, Etc., Louis L. Wainwright, Director, Division of Corrections, T. Edward Austin, Amicus Curiae

Opinion

PER CURIAM:

We certified the following question to the Supreme Court of Florida:

WHETHER THE RULE PROPOSED BY THE SECRETARY OF THE FLORIDA *743 DEPARTMENT OF OFFENDER REHABILITATION COMPLIES WITH THE REQUIREMENTS OF SECTION 951.23(2)(b), FLORIDA STATUTES.

The Court has answered the question in the negative. Carson v. Miller, Fla.1979, 370 So.2d 10.

We REMAND to the district court for further proceedings consistent with this opinion of the Supreme Court of Florida and our earlier opinion in this case, Miller v. Carson, 5 Cir. 1977, 563 F.2d 741.

REMANDED.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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