Vaughan v. State

Citation415 So.2d 1231
Decision Date08 June 1982
Docket Number3 Div. 533
PartiesGordon VAUGHAN v. STATE.
CourtAlabama Court of Criminal Appeals

Laird R. Jones, Argo & Enslen, Montgomery, for appellant.

No briefs for appellee.

BOWEN, Judge.

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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8 cases
  • Moore v. State, 3 Div. 317
    • United States
    • Alabama Court of Criminal Appeals
    • December 10, 1985
    ...the unrefuted facts set out in the petition must be taken as true. Ex parte Floyd, 457 So.2d 961 (Ala.1984); Vaughan v. State, 415 So.2d 1231 (Ala.Crim.App.1982). Appellant has attached to his petition exhibits which are apparently copies of documents furnished him by the Department of Corr......
  • Harmon v. State, 7 Div. 288
    • United States
    • Alabama Court of Criminal Appeals
    • October 9, 1984
    ...961 (Ala.1984), the court said, "Accordingly, the unrefuted facts set out by the petitioner must be taken as true. Vaughan v. State, 415 So.2d 1231 (Ala.Crim.App.1982); Washington v. State, 405 So.2d 62 (Ala.Crim.App.1981)." This being the case, we are ourselves bound to treat these claims ......
  • Ex parte Brooks
    • United States
    • Supreme Court of Alabama
    • June 25, 2004
    ...those facts set out in the petition. Accordingly, the unrefuted facts set out by the petitioner must be taken as true. Vaughan v. State, 415 So.2d 1231 (Ala.Cr.App.1982); Washington v. State, 405 So.2d 62 Because neither the motion to dismiss nor the evidence filed in support of the motion ......
  • Giles v. State, 7 Div. 361
    • United States
    • Alabama Court of Criminal Appeals
    • January 22, 1985
    ...be taken as true. Ex parte Floyd, 457 So.2d 961 (Ala.1984); Williams v. State, 461 So.2d 1335 (Ala.Crim.App.1984); Vaughan v. State, 415 So.2d 1231 (Ala.Crim.App.1982). The writ of habeas corpus properly lies where a party is entitled to discharge from a state prison. See Ala.Code (1975), §......
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