Dewayne Hubert, Appellant v. James Purkett, Superintendent of Eastern Reception Diagnostic and Correctional Center, Respondent.
Decision date: UnknownED85996
Slip Opinion Notice
This archive contains Missouri appellate slip opinions reproduced for research convenience, not the final official reporter version. Official source links remain authoritative where provided. Joseph Ott, Attorney 67889, Ott Law Firm - Constant Victory - Personal Injury and Litigation maintains these public legal archives to support Missouri case research and to help prospective clients connect that research to the firm's courtroom practice.
Opinion
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: Dewayne Hubert, Appellant v. James Purkett, Superintendent of Eastern Reception Diagnostic and Correctional Center, Respondent. Case Number: ED85996 Handdown Date: 06/30/2005 Appeal From: Circuit Court of St. Francois County, Hon. James H. Kelly Counsel for Appellant: Dewayne Hubert Counsel for Respondent: Stephen D. Hawke Opinion Summary: Dewayne Hubert appeals from a judgment denying his petition for writ of habeas corpus. APPEAL DISMISSED. Division Five holds: No appeal lies from a judgment dismissing a petition for a writ of habeas corpus.
Citation: Opinion Author: George W. Draper III, C.J. Opinion Vote: DISMISSED. Crahan, J. and Norton, J., Concur Opinion: Dewayne Hubert (Appellant) appeals from a judgment denying his petition for writ of habeas corpus. The appeal is dismissed. Appellant filed a petition for a writ of habeas corpus in the circuit court. The petition was denied and Appellant has appealed to this Court. In response, the State has filed a motion to dismiss the appeal, contending this Court has no jurisdiction of the appeal. Appellant has not filed a response to the motion.
Here, 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); McDermott v. State , 120 S.W.3d 261, 262 (Mo. App. E.D. 2003). 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). 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). Appellant has not filed a new writ petition. 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.
Related Opinions
John Doe, Jane Doe, Jan Doe, Janet Doe, and Judy Doe, Individually and On Behalf of all Others Similarly Situated vs. Meritas Health Corporation and Board of Trustees of North Kansas City Hospital(2026)
Missouri Court of Appeals, Western DistrictMarch 3, 2026#WD87830
The court reversed the circuit court's grant of sovereign immunity dismissal, finding that plaintiffs' common-law claims against the hospital board could proceed. However, the court affirmed dismissal of statutory claims for computer tampering and identity theft, and remanded the case for further proceedings on the remaining claims.
Samantha Bordas, Appellant, vs. FedEx Freight, Inc. and Division of Employment Security, Respondents.(2025)
Missouri Court of Appeals, Eastern DistrictSeptember 30, 2025#ED113329
Jayla Chairse, Appellant, vs. Division of Employment Security, Respondent.(2025)
Missouri Court of Appeals, Eastern DistrictSeptember 16, 2025#ED113189
Board of Education of the City of St. Louis, Appellant, vs. Missouri Charter Public School Commission and Missouri State Board of Education, Respondents.(2025)
Missouri Court of Appeals, Eastern DistrictApril 22, 2025#ED112985
MARK EDWARD HOOD, Petitioner-Appellant v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent-Respondent(2024)
Missouri Court of Appeals, Southern DistrictDecember 17, 2024#SD38450