Elpidio Moralez vs Mark S. Inch, Secretary, Florida Department of Corrections and Florida Commission on Offender Review

Annotate this Case

Download PDF

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D20-760 _____________________________ ELPIDIO MORALEZ, Appellant, v. MARK S. INCH, Secretary, Florida Department of Corrections and FLORIDA COMMISSION ON OFFENDER REVIEW, Appellees. _____________________________ On appeal from the Circuit Court for Union County. Denise Ferrero, Judge. January 11, 2021 PER CURIAM. AFFIRMED. See § 79.01, Fla. Stat. (2020) (providing that before a petition for writ of habeas corpus may be granted, the petitioner must “show[ ] by affidavit or evidence probable cause to believe that he or she is detained without lawful authority”); see also Flicker v. Duff, 290 So. 2d 129, 130 (Fla. 1st DCA 1974) (holding that a habeas petition did not “make out a prima facie case” when the petitioner provided no record or affidavits to support his allegations); Russell v. Fla. Parole Comm’n, 946 So. 2d 32, 32 (Fla. 1st DCA 2006) (finding no error in trial court’s order denying a petition for writ of habeas corpus challenging revocation of parole when the petition “failed to set out a prima facie basis for relief”). ROWE, M.K. THOMAS, and NORDBY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Elpidio Moralez, pro se, Appellant. Beverly Brewster, Assistant General Counsel, Department of Corrections, Tallahassee; and Mark Hiers, Assistant General Counsel, Florida Commission on Offender Review, Tallahassee, for Appellees. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.