Van Poyck v. Dugger

ALLEN, Judge.

The appellant prisoner challenges the lower court’s summary denial of his petition for a writ of habeas corpus. We find that the appellant presented claims which were facially sufficient to preclude the summary denial of his petition.

The appellant is an inmate at the Florida State Prison under a death sentence for the murder of a correctional officer. This offense occurred in an attempt to free an inmate from a prison transport van, at a time when the appellant was not a prison inmate. In his habeas petition the appellant alleged that, rather than being placed in the regular…