WILLIAM MOORE, APPELLANT,
v.
LOUIE L. WAINWRIGHT, APPELLEE
PER CURIAM.
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.
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Holcomb v. Dep't OF Corr., 609 So. 2d 751 (Fla. 1st DCA 1992)…ourt simply noted the fact that Adams had documented his allegations. In fact, the case that Adams relies upon in remanding for an evidentiary hearing does not mention or imply that documentation of allegations is necessary. See Moore v. Wainwright, 366 So. 2d 183 (Fla. 1st DCA1979). Indeed, in Moore, the court specifically found that an evidentiary hearing was warranted solely because “[t]he petition states specific allegations regarding the disciplinary proceedings which, if true, would establish that the D…
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- Wolff v. McDONNELL, 418 U.S. 539 (U.S. 1974)