Holmes v. Rowley

Full title: MICHAEL HOLMES, Appellant, v. LARRY ROWLEY, Respondent

Court: Missouri Court of Appeals, Eastern District, Division Five

Date published: Nov 26, 2002

91 S.W.3d 676 (Mo. Ct. App. 2002)

Opinion

No. ED 81787

November 26, 2002

Appeal from the Circuit Court of Pike County; Dan Dildine, Judge.

Michael E. Holmes, Bowling Green, pro se.

Jeremiah W. (Jay) Nixon, Atty. Gen., John Munson Morris, Asst. Atty. Gen., Jefferson City, MO, for respondent.

LAWRENCE E. MOONEY, Chief Judge.

Michael Holmes 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 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.