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109 S.W.3d 233

Shaffer v. State

Missouri Court of Appeals

Decided June 30, 2003

Missouri Court of Appeals · decided 2003-06-30

Cited by 1 later decisions — most recently December 2018

1 state decisions

Key passage — most relied on by later courts

“An appeal does not lie from a decision in a habeas corpus proceeding.”

quoted by 1 later decision, including State v. Spencer

Relies on Allen v. Rooker · Valley Forge Insurance Co. v. Austin · Holmes v. Rowley

Good law ✅— No negative treatment on recordhow we know

Decided 2003-06-30

View the full empirical analysis of this case →

LAWRENCE E.' MOONEY, Chief Judge.

¶1Mark Shaffer, the appellant, appeals from a judgment denying his petition for writ of habeas corpus.

¶2*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).

¶3The appeal is dismissed for lack of an appealable judgment.

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