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91 S.W.3d 676

Holmes v. Rowley

Missouri Court of Appeals

Decided November 26, 2002

Missouri Court of Appeals · decided 2002-11-26

Cited by 2 later decisions — most recently October 2003

2 state decisions

Relies on Fischer v. City of Washington · Allen v. Rooker · State ex rel. Bennett v. Gagne

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Decided 2002-11-26

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LAWRENCE E. MOONEY, Chief Judge.

¶1 Michael Holmes appeals from a judgment denying his petition for writ of habe-as corpus.

¶2 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).

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

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