State Ex Rel. Nixon v. Clark

LOWENSTEIN, Judge.

The relator, Missouri Attorney General Jay Nixon, brings a writ of certiorari to this court seeking relief from an adverse ruling in an underlying habeas corpus action. Since there is no appeal from the granting of a habeas petition, Bebee v. State, 619 S.W.2d 363 (Mo.App.1981), certiorari is the proper remedy for appellate review. Hernreich v. Quinn, 350 Mo. 770, 168 S.W.2d 1054, 1059 (banc 1943). Certiorari brings up the record, and searches for infirmities in jurisdiction and is concerned with questions of law. Id. This court entered a preliminary order in certiorari, and…