Larry E. Windeknecht, Appellant, v. Gene Stubblefield, 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: Larry E. Windeknecht, Appellant, v. Gene Stubblefield, Respondent. Case Number: ED82382 Handdown Date: 03/04/2003 Appeal From: Circuit Court of St. Louis County, Hon. Kenneth M. Romines Counsel for Appellant: Party Acting Pro Se Counsel for Respondent: Andrew W. Hassell Opinion Summary: Larry Windeknecht 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 and R. Dowd, Jr., JJ., concur. Opinion: Larry Windeknecht 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, 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.