AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

MICHAEL HOLMES, Appellant, v. LARRY ROWLEY, 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.

Use AI to get other relevant cases.

Comments

HOLMES v. ROWLEY
(Nov 26, 2002)