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Case: Dale Asher, Appellant, v. Jim Moore, Respondent.
Case Number: ED91854
Court: Missouri Court of Appeals, Eastern District
Decision Date: 2008-12-09
Outcome: dismissed
Practice Area: other
Canonical URL: https://ott.law/missouri-courts/opinions/dale-asher-appellant-v-jim-moore-respondent-d91854
Official Source URL: https://www.courts.mo.gov/file.jsp?id=27433

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## Opinion

DALE            ASHER,                                                            )            No.            ED91854            
      ) 
                        Appellant,                                    )                        
                                                                        )            Appeal            from            the            Circuit            Court            of            
            vs.                                                            )            Pike            County            
      )  
JIM            MOORE,                                                            )                        Honorable            Dan            Dildine            
      )  
                        Respondent.                                    )            FILED:            December            9,            2008            
 
 Dale Asher appeals from a judgment denying his petition for writ of habeas corpus.  The 
appeal is dismissed. 
 If this Court lacks jurisdiction to entertain an appeal, then it should be dismissed.  Buff v. 
Roper, 155 S.W.3d 811, 812 (Mo. App. E.D. 2005).  Appellant seeks to appeal from the circuit 
court's judgment dismissing his petition for writ of habeas corpus.  An appeal does not lie from 
the denial or dismissal of a petition for habeas corpus.  Blackmon v. Missouri Board of Probation 
and Parole, 97 S.W.3d 458 (Mo. banc 2003); Garner v. Roper, 224 S.W.3d 623 (Mo. App. E.D. 
2007). 
We issued an order directing Appellant to show cause why his appeal should not be 
dismissed.  Appellant filed a response asking this Court to address the merits of his appeal.  
However, if this Court does not have jurisdiction, then it cannot address the merits of the appeal.  
Appellant's remedy, if any, is where a petition for writ of habeas corpus is denied is to file a new 

 
2
writ petition in a higher court.  Webster v. Purkett, 110 S.W.3d 832, 837 (Mo. App. E.D. 2003).  
We decline to treat his appeal as an extraordinary writ petition. 
 The appeal is dismissed for lack of an appealable judgment. 
 
                                                                                    _____________________________            
                                                                                    Nannette            A.            Baker,            Chief            Judge                        
Patricia L. Cohen, J., and 
Kenneth M. Romines, J., concur.