Alabama Court of Criminal Appeals, 1982

Vaughan v. State

Alabama Court of Criminal Appeals · Decided June 8, 1982 · Bowen

415 So. 2d 1231; 1982 Ala. Crim. App. LEXIS 3067 (Southern Reporter, Second Series)

Cases that cite this one

8 later published cases cite this decision.

Ex Parte Floyd (Ala. 1984)
Harmon v. State (Ala. Crim. App. 1984)
Ex Parte Brooks (Ala. 2004)
Hildreth III v. State (Ala. Crim. App. 1987)
Giles v. State (Ala. Crim. App. 1985)
Moore v. State (Ala. Crim. App. 1985)
Williams v. State (Ala. Crim. App. 1984)
Ex Parte State (Ala. 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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