Lowery v. Lambdin

This is an appeal from an order denying petitioner’s motion to proceed in forma pau-peris and denying his petition for writ of habeas corpus. We reverse.

The appellant filed a petition for writ of habeas corpus in the trial court challenging his close management classification in the prison system. An order to show cause was issued, and the state responded, contending that the petition was not one for habeas corpus, but that the remedy should properly be sought only by writ of mandamus. The state, however, argued that even if treated as a petition for mandamus, the petition should be denied.

App…