Whitehorn v. State

McMILLAN, Judge.

From a denial of appellant’s petition for writ of habeas corpus, without an eviden-tiary hearing, this appeal follows. For the reasons outlined below, we remand this cause to the trial court, with instructions.

On September 4,1984, the appellant filed a;pro se petition for writ of habeas corpus alleging that he was denied due process of law in connection with a disciplinary hearing dated February 9, 1983.* The State filed a motion to dismiss, which alleged, in part, that the petition was a “successive petition” and was thus subject to dismissal under the authority of Bailey v.…