Mark Shaffer, Appellant v. State of Missouri, 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: Mark Shaffer, Appellant v. State of Missouri, Respondent. Case Number: ED82753 Handdown Date: 06/30/2003 Appeal From: Circuit Court of Pike County, Hon. Dan Dildine Counsel for Appellant: Mark Shaffer, Pro Se Counsel for Respondent: Jeremiah W. Nixon Opinion Summary: Mark Shaffer appeals from a judgment denying his petition for writ of habeas corpus. APPEAL 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: Mark Shaffer, the appellant, 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). Here, the appellant seeks to appeal from the judgment denying his writ of habeas corpus in the circuit court. 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). A petitioner's remedy where a petition for writ of habeas corpus is denied is by way of a successive application for writ of habeas corpus. Holmes v. Rowley , 91 S.W.3d 676, 676 (Mo. App. E.D. 2002).

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.