Shaffer v. State

Full title: MARK SHAFFER, Appellant, v. STATE OF MISSOURI, Respondent

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

Date published: Jun 30, 2003

109 S.W.3d 233 (Mo. Ct. App. 2003)

Opinion

No. ED 82753

June 30, 2003

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

Mark Shaffer, Bowling Green, MO, Pro Se.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, MO, for respondent.

LAWRENCE E. MOONEY, Chief Judge.

Mark Shaffer, the appellant, 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). 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 habeas 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.