Billy B. Garner, Appellant v. Don Roper, Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: Billy B. Garner, Appellant v. Don Roper, Respondent. Case Number: ED89318 Handdown Date: 05/15/2007 Appeal From: Circuit court of Washington County, Hon. Troy K. Hyde Counsel for Appellant: Billy Garner, Pro Se Counsel for Respondent: Michael Spillane Opinion Summary: Billy B. Garner appeals from a judgment overruling his petition for writ of habeas corpus. DISMISSED. Division Five holds: The appeal is dismissed for lack of an appealable judgment. Citation: Opinion Author: Booker T. Shaw, C.J. Opinion Vote: DISMISSED. Norton, J. and Cohen, J., concur. Opinion: Appellant Billy B. Garner appeals from a judgment denying his petition for writ of habeas corpus. The appeal is

dismissed. Appellant seeks to appeal from the circuit court's judgment denying his petition for writ of habeas corpus. An appeal does not lie from the denial of a petition for habeas corpus. Blackmon v. Missouri Board of Probation and Parole, 97 S.W.3d 458 (Mo. banc 2003); Waserman v. Purkett, 169 S.W.3d 151 (Mo. App. E.D. 2005).(FN1) If we lack jurisdiction to entertain an appeal, then it should be dismissed. Buff v. Roper, 155 S.W.3d 811, 812 (Mo. App. E.D. 2005). This Court issued an order directing Appellant to show cause why his appeal should not be dismissed. Appellant has filed a response addressing the merits of his appeal and offers no authority concerning this Court's jurisdiction to entertain his appeal. The appeal is dismissed for lack of an appealable judgment. Footnote: FN1.A petitioner's remedy where a petition for writ of habeas corpus is denied is to file a new writ petition in a higher court. Webster v. Purkett, 110 S.W.3d 832, 837 (Mo. App. E.D.2003). Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.