Brook Meinhardt, Appellant v. Larry C. Rowley, 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: Brook Meinhardt, Appellant v. Larry C. Rowley, Respondent. Case Number: ED81288 Handdown Date: 11/26/2002 Appeal From: Circuit Court of Pike County, Hon. Dan Dildine Counsel for Appellant: Brook Meinhardt, Pro Se Counsel for Respondent: Jeremiah Nixon Opinion Summary: Brook Meinhardt appeals from a judgment denying his petition for writ of habeas corpus. DISMISSED. Division Five holds: No appeal lies from a judgment denying a petition for a writ of habeas corpus. Citation: Opinion Author: Lawrence E. Mooney, Chief Judge Opinion Vote: DISMISSED. Crahan, J., and Dowd, Jr., J. concur. Opinion: Brook Meinhardt 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. Separate Opinion:

None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.