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Lowery v. Crosby

District Court of Appeal of Florida, First District
Dec 18, 1995
675 So. 2d 949 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-4229.

December 18, 1995.

An appeal from the Circuit Court for Bradford County; Elzie S. Sanders, Judge.

Appellant, pro se.

No appearance by appellee.


This is an appeal from a summary denial of appellant's habeas corpus petition challenging his administrative confinement status and detention conditions. While the trial court properly denied the portion of the petition challenging appellant's administrative confinement status ( see Griggs v. Wainwright, 473 So.2d 49 (Fla. 1st DCA 1985)), we find that the allegations relating to his treatment and conditions were sufficient to preclude summary denial of the habeas petition. Van Poyck v. Dugger, 582 So.2d 108 (Fla. 1st DCA 1991). We reverse and remand the cause for further proceedings.

MINER and VAN NORTWICK, JJ., concur.


Summaries of

Lowery v. Crosby

District Court of Appeal of Florida, First District
Dec 18, 1995
675 So. 2d 949 (Fla. Dist. Ct. App. 1995)
Case details for

Lowery v. Crosby

Case Details

Full title:BYRON LOWERY, APPELLANT, v. SUPERINTENDENT CROSBY, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Dec 18, 1995

Citations

675 So. 2d 949 (Fla. Dist. Ct. App. 1995)