Shaffer v. State

Missouri Court of Appeals

Shaffer v. State

109 S.W.3d 233, 2003 Mo. App. LEXIS 1067, 2003 WL 21488244

CourtMissouri Court of Appeals

DecidedJune 30, 2003

DocketNo. ED 82753

StatusPublished

Cited by1 cases

This text of 109 S.W.3d 233 (Shaffer v. State) 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.

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Shaffer v. State, 109 S.W.3d 233, 2003 Mo. App. LEXIS 1067, 2003 WL 21488244 (Mo. Ct. App. 2003).

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Opinion

LAWRENCE E.' MOONEY, Chief Judge.

Mark Shaffer, the appellant, appeals from a judgment denying his petition for writ of habeas corpus.

[234]*234We 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, 65 S.W.3d 372, 377 (Mo.App. E.D.2001). Here, the appellant seeks to appeal from the judgment denying his writ of habeas corpus in the circuit court. 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). A petitioner’s remedy where a petition for writ of habeas corpus is denied is by way of a successive application for writ of habe-as corpus. Holmes v. Rowley, 91 S.W.3d 676, 676 (Mo.App. E.D.2002).

The appeal is dismissed for lack of an appealable judgment.

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

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LAWRENCE E.' MOONEY, Chief Judge.

Mark Shaffer, the appellant, appeals from a judgment denying his petition for writ of habeas corpus.

[234]*234We 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, 65 S.W.3d 372, 377 (Mo.App. E.D.2001). Here, the appellant seeks to appeal from the judgment denying his writ of habeas corpus in the circuit court. 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). A petitioner’s remedy where a petition for writ of habeas corpus is denied is by way of a successive application for writ of habe-as corpus. Holmes v. Rowley, 91 S.W.3d 676, 676 (Mo.App. E.D.2002).

The appeal is dismissed for lack of an appealable judgment.

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

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Bluebook (online)

109 S.W.3d 233, 2003 Mo. App. LEXIS 1067, 2003 WL 21488244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaffer-v-state-moctapp-2003.

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