Legal Opinion

Miller v. State

Missouri Court of Appeals

Decided April 13, 1981No. 12214PublishedCited by 5 opinions

1Per curiam

Petitioner filed a “MOTION FOR PETITION FOR WRIT OF HABEAS CORPUS AND or MOTION FOR PETITION FOR MANDAMUS”. The trial court denied the requested relief and petitioner appealed.

This court is obligated to determine if it has appellate jurisdiction. Frey v. Gabel, 574 S.W.2d 38, 39 (Mo.App.1978). We have determined that we do not. No appeal lies from the decision in a habeas corpus proceeding. Hutchinson v. Wesley, 455 S.W.2d 21 (Mo.App.1970). The denial *99of mandamus relief by the trial court is not an appealable order because no alternative writ in mandamus was issued. Baker v. St. Francis Levee…

2Cases cited3 opinions

  1. Frey v. GabelMissouri Court of Appeals · 1978
  2. In the Matter of HutchinsonMissouri Court of Appeals · 1970
  3. Baker v. St. Francis Levee DistrictMissouri Court of Appeals · 1980

3Cited by5 opinions

  1. Bebee v. StateMissouri Court of Appeals · 1981
  2. Cheek v. StateMissouri Court of Appeals · 1989
  3. Gullic v. City of FredericktownMissouri Court of Appeals · 1984
  4. In re C.S.N.Missouri Court of Appeals · 1984
  5. Taylor v. StateMissouri Court of Appeals · 2001

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