MICHAEL W. MOORE, SECRETARY FOR THE FLORIDA DEPARTMENT OF CORRECTIONS, APPELLANT,
v.
ANDRE LOWERY, APPELLEE
MICHAEL W. MOORE, SECRETARY FOR THE FLORIDA DEPARTMENT OF CORRECTIONS, APPELLANT,
ANDRE LOWERY, APPELLEE
758 So. 2d 737
Florida District Court of Appeal, Third District (2000)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Because the trial court was without jurisdiction or authority to require the Department of Corrections to refrain from cutting the defendant’s hair, the petition for writ of certiorari is granted and the order is quashed. Department of Juvenile Justice v. J.R., 710 So. 2d 211 (Fla. 1st DCA 1998); Singletary v. Acosta, 659 So. 2d 449 (Fla. 3d DCA 1995). This action is without prejudice to an appropriate application to withdraw the respondent’s guilty plea.
Certiorari granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Moore v. Burns, 796 So. 2d 1261 (Fla. 3d DCA 2001)…e after time, this Court has made it clear that trial judges lack the authority to regulate the treatment of prison inmates; particularly as it relates to inmates’ hair length. See Moore v. Mills, 789 So. 2d 1159 (Fla. 3d DCA 2001); Moore v. Lowery, 758 So. 2d 737 (Fla. 3d DCA 2000); Moore v. Habibullah, 739 So. 2d 1281 (Fla. 3d DCA 1999); Singletary v. Duggins, 724 So. 2d 1234 (Fla. 3d DCA 1999). In Moore v. Mills, this Court unequivocally stated that “[t]he cutting of hair and beards are clearly condition…
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Moore v. Mills, 789 So. 2d 1159 (Fla. 3d DCA 2001)…rity to issue an order prohibiting the cutting of Mills’ ham and beard. However, it is well settled that trial courts lack the authority in criminal actions to regulate the treatment of sentenced defendants in the prison system. See Moore v. Lowery, 758 So. 2d 737 (Fla. 3d DCA 2000); Singletary v. Duggins, 724 So. 2d 1234 (Fla. 3d DCA 1999); Moore v. Habibullah, 739 So. 2d 1281 (Fla. 3d DCA 1999). The cutting of hair and beards are clearly conditions which the DOC set for inmate confinements, and to interfere…
Authorities Cited
- Howard v. State, 659 So. 2d 449 (Fla. 2d DCA 1995)
- Singletary v. Acosta, 659 So. 2d 449 (Fla. 3d DCA 1995)
- Dep't OF Juv. Just. v. J.R., 710 So. 2d 211 (Fla. 1st DCA 1998)