Gary Scott Selway v. Florida Commission on Offender Review and Florida Department of Corrections

Summary

The United States District Court for the Northern District of Florida denied Gary Scott Selway's federal habeas petition challenging the Florida Commission on Offender Review's authority to revoke his conditional release after his sentence expiration date. The court held that Selway's petition presented a state-law issue and that he had not established a violation of federal law or an unforeseeable interpretation of state law. The court adopted the magistrate judge's report and recommendation, denied a certificate of appealability, denied related motions, and directed the clerk to close the case.

Holdings

1. Federal habeas relief was unavailable because Selway's petition challenged the Commission's jurisdiction and lawful authority under state law and did not properly present a violation of the Constitution, laws, or treaties of the United States.
2. Even assuming Selway properly raised and exhausted a federal claim, he failed to show that the state court's interpretation of Florida law violated his federal rights.

Questions Presented

1. Whether Selway was entitled to federal habeas relief based on the Florida courts' interpretation of state law concerning the effect of a conditional-release warrant on the expiration of his sentence.
2. Whether Selway properly presented and exhausted a federal constitutional claim.
3. Whether the state court's interpretation of Florida law was so unexpected and indefensible as to violate federal constitutional rights.

Disposition

denied