Vaughan v. State

Court of Criminal Appeals of Alabama

Vaughan v. State

415 So. 2d 1231, 1982 Ala. Crim. App. LEXIS 3067

CourtCourt of Criminal Appeals of Alabama

DecidedJune 8, 1982

StatusPublished

Cited by10 cases

This text of 415 So. 2d 1231 (Vaughan v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Vaughan v. State, 415 So. 2d 1231, 1982 Ala. Crim. App. LEXIS 3067 (Ala. Ct. App. 1982).

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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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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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415 So. 2d 1231, 1982 Ala. Crim. App. LEXIS 3067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vaughan-v-state-alacrimapp-1982.

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