From Casetext: Smarter Legal Research

Moore v. Wainwright

District Court of Appeal of Florida, First District
Jan 19, 1979
366 So. 2d 183 (Fla. Dist. Ct. App. 1979)

Opinion

No. KK-206.

January 19, 1979.

Appeal from the Circuit Court, Bradford County, Wayne M. Carlisle, J.

William Moore, in pro per.

Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for appellee.


Appellant filed a petition for a writ of habeas corpus based on an allegation that he was deprived of due process of law in disciplinary proceedings. The trial court denied his petition without a hearing. We reverse.

The petition states specific allegations regarding the disciplinary proceedings which, if true, would establish that the Department of Corrections failed to comply with its own rules and with the procedural requirements of Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). Accordingly, we reverse and remand for a hearing to the adequacy of the disciplinary proceedings.

Reversed and Remanded.

MILLS, Acting C.J., and SMITH and MELVIN, JJ., concur.


Summaries of

Moore v. Wainwright

District Court of Appeal of Florida, First District
Jan 19, 1979
366 So. 2d 183 (Fla. Dist. Ct. App. 1979)
Case details for

Moore v. Wainwright

Case Details

Full title:WILLIAM MOORE, APPELLANT, v. LOUIE L. WAINWRIGHT, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jan 19, 1979

Citations

366 So. 2d 183 (Fla. Dist. Ct. App. 1979)

Citing Cases

Seibert v. Dugger

The rule has been repeatedly followed. See Moore v. Wainwright, 366 So.2d 183, 184 (Fla. 1st DCA 1979);…

Jerry v. Wainwright

We previously reversed an order denying without a hearing a petition for writ of habeas corpus which had…