Opinion

Vaughan v. State

  • 415 So. 2d 1231
  • 1982 Ala. Crim. App. LEXIS 3067
Court
Court of Criminal Appeals of Alabama
Filed
Jun 8, 1982
Status
Published
Author
Bowen
On the bench
Bowen
Cited by
8 cases
Authority
More cited than 96.7%

The opinion

Vaughan filed a petition for writ of habeas corpus challenging the action of the prison disciplinary board in sentencing him to 90 days segregated confinement and to the loss of store privileges and visiting privileges. Although the State did not file any reply or response, the circuit judge denied the petition without a reason and without a hearing.

The Attorney General declined to submit a brief on appeal in view of this Court's decision in Washington v. State , 405 So.2d 62 (Ala.Cr.App. 1981), which follows Williams v. Davis , 386 So.2d 415 (Ala. 1980), and Wolff v. McDonnell , 418 U.S. 539 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974). Accordingly, the circuit court's judgment dismissing Vaughan's petition is hereby set aside and vacated. This cause is remanded to the circuit court for further proceedings consistent with Washington , supra.

REVERSED AND REMANDED WITH DIRECTIONS.

All Judges concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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