Holmes v. Rowley

Missouri Court of Appeals

Holmes v. Rowley

91 S.W.3d 676, 2002 Mo. App. LEXIS 2304, 2002 WL 31654698

CourtMissouri Court of Appeals

DecidedNovember 26, 2002

DocketED 81787

StatusPublished

Cited by1 cases

This text of 91 S.W.3d 676 (Holmes v. Rowley) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holmes v. Rowley, 91 S.W.3d 676, 2002 Mo. App. LEXIS 2304, 2002 WL 31654698 (Mo. Ct. App. 2002).

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Opinion

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 ex rel. Bennett v. Gagne, 623 S.W.2d 87, 89 (Mo.App. W.D.1981).

The appeal is dismissed for lack of an appealable judgment.

LAWRENCE G. CRAHAN and ROBERT G. DOWD, JR., JJ., concur.

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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 ex rel. Bennett v. Gagne, 623 S.W.2d 87, 89 (Mo.App. W.D.1981).

The appeal is dismissed for lack of an appealable judgment.

LAWRENCE G. CRAHAN and ROBERT G. DOWD, JR., JJ., concur.

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Bluebook (online)

91 S.W.3d 676, 2002 Mo. App. LEXIS 2304, 2002 WL 31654698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holmes-v-rowley-moctapp-2002.

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