Larkins v. Dugger

District Court of Appeal of Florida

Larkins v. Dugger

473 So. 2d 831, 10 Fla. L. Weekly 1904, 1985 Fla. App. LEXIS 15191

District Court of Appeal of Florida·Decided August 9, 1985·No. No. BC-488·Published·Cited by 1 cases

Opinion

PER CURIAM.

Bernard Larkins appeals the summary dismissal of his petition for writ of habeas corpus. Because Larkins’ petition states a preliminary basis for relief which was not refuted by the State, we reverse and remand with directions to issue a rule to show cause why the petition should not be granted. See: Parker v. Cook, et al., 642 F.2d 865 (5th Cir.1981); Granger v. Florida State Prison, 424 So.2d 937 (Fla. 1st DCA 1983); Costello v. Strickland, 418 So.2d 443 (Fla. 1st DCA 1982).

Reversed and remanded with directions.

ERVIN, SHIVERS and JOANOS, JJ., concur.

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PER CURIAM.

Bernard Larkins appeals the summary dismissal of his petition for writ of habeas corpus. Because Larkins’ petition states a preliminary basis for relief which was not refuted by the State, we reverse and remand with directions to issue a rule to show cause why the petition should not be granted. See: Parker v. Cook, et al., 642 F.2d 865 (5th Cir.1981); Granger v. Florida State Prison, 424 So.2d 937 (Fla. 1st DCA 1983); Costello v. Strickland, 418 So.2d 443 (Fla. 1st DCA 1982).

Reversed and remanded with directions.

ERVIN, SHIVERS and JOANOS, JJ., concur.

Larkins v. Dugger, 473 So. 2d 831, 10 Fla. L. Weekly 1904, 1985 Fla. App. LEXIS 15191 (Fla. Ct. App. 1985).

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