Legal Opinion

Holmes v. Rowley

Missouri Court of Appeals

Decided November 26, 2002No. ED 81787PublishedCited by 1 opinion

1Opinion of the Court

LAWRENCE E. MOONEY, Chief Judge.

Michael Holmes appeals from a judgment denying his petition for writ of habe-as corpus.

We are obligated to determine whether we have jurisdiction and if we lack jurisdiction to entertain an appeal, then it should be dismissed. Fischer v. City of Washington, 55 S.W.3d 372, 377 (Mo.App. E.D.2001). An appeal does not lie from a decision in a habeas corpus proceeding. Bebee v. State, 619 S.W.2d 363 (Mo.App. S.D.1981). Where a petition for writ of habeas corpus is denied, the petitioner’s remedy is by way of a successive application for writ of habeas corpus. State…

2Cases cited3 opinions

  1. Fischer v. City of WashingtonMissouri Court of Appeals · 2001
  2. Bebee v. StateMissouri Court of Appeals · 1981
  3. State ex rel. Bennett v. GagneMissouri Court of Appeals · 1981

3Cited by1 opinion

  1. Shaffer v. StateMissouri Court of Appeals · 2003

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