Knight v. Stubblefield

Missouri Court of Appeals

Knight v. Stubblefield

101 S.W.3d 349, 2003 Mo. App. LEXIS 482, 2003 WL 1701619

CourtMissouri Court of Appeals

DecidedApril 1, 2003

DocketNo. ED 82431

StatusPublished

This text of 101 S.W.3d 349 (Knight v. Stubblefield) 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

Knight v. Stubblefield, 101 S.W.3d 349, 2003 Mo. App. LEXIS 482, 2003 WL 1701619 (Mo. Ct. App. 2003).

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Opinion

LAWRENCE E. MOONEY, Chief Judge.

Jarvell Knight appeals from a judgment denying his petition for writ of habeas 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 he from a decision in a habeas corpus proceeding. Bebee v. State, 619 S.W.2d 363 (Mo.App. S.D.1981). Here, the appellant seeks to appeal from the judgment denying his writ of habeas corpus in the circuit court. Where a petition for writ of habeas corpus is denied, petitioner’s remedy is by way of a successive apphcation for writ of habeas corpus, not by appeal. 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.

Jarvell Knight appeals from a judgment denying his petition for writ of habeas 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 he from a decision in a habeas corpus proceeding. Bebee v. State, 619 S.W.2d 363 (Mo.App. S.D.1981). Here, the appellant seeks to appeal from the judgment denying his writ of habeas corpus in the circuit court. Where a petition for writ of habeas corpus is denied, petitioner’s remedy is by way of a successive apphcation for writ of habeas corpus, not by appeal. 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)

101 S.W.3d 349, 2003 Mo. App. LEXIS 482, 2003 WL 1701619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knight-v-stubblefield-moctapp-2003.

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