Odell Blackmon, Appellant v. Missouri Board of Probation and Parole, Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion

Case Style: Odell Blackmon, Appellant v. Missouri Board of Probation and Parole, Respondent. Case Number: SC84287 Handdown Date: 01/14/2003 Appeal From: Circuit Court of Cole County, Hon. Thomas J. Brown, III Counsel for Appellant: Odell Blackmon, Pro Se Counsel for Respondent: Stephen D. Hawke Opinion Summary: Odell Blackmon is serving prison sentences for first-degree murder and assault with intent to kill with malice for crimes he committed in 1977. He filed an action seeking relief for seven alleged claims. The court treated his claims as a petition for a writ of habeas corpus and denied relief. Blackmon now seeks relief from this Court. APPEAL DISMISSED. Court en banc holds: There is no appeal available from the denial of a petition for a writ of habeas corpus. Such a case best can be adjudicated through the filing of a new petition for a writ of habeas corpus in the court of appeals, which has substantial flexibility in handling such a petition. Citation: Opinion Author: PER CURIAM Opinion Vote: DISMISSED. All concur. Opinion: Odell Blackmon is currently serving prison sentences for murder, first degree, and assault with intent to kill with malice for crimes committed in 1977. He filed this action alleging that: (1) his sentence for assault is excessive; (2) the

judges of Cole County are predisposed and prejudiced against prisoners; (3) section 506.360, RSMo 2000, is unconstitutional with respect to requiring filing fees in habeas corpus actions; (4) the preliminary hearing on the probation revocation was improperly waived based on "disinformation;" (5) the new regulations granting parole review every five years, instead of every two years under the old regulations, are unconstitutional; (6) other prisoners have received more favorable consideration by the board; and (7) the attorney general's office litigates parole cases in extreme bad faith and uses fraud. As the case involves the validity of a state statute, this Court has jurisdiction. Mo. Const. article V, section 3. The circuit court treated the claims as a petition for writ of habeas corpus and denied relief. There is no appeal from the denial of a petition for a writ of habeas corpus. E. W. v. K. D. M., 490 S.W.2d 64, 67 (Mo. banc 1973). Promptness of adjudication can be best accomplished by the filing of a new petition for writ of habeas corpus rather than taking an ordinary appeal from the judgment of the circuit court. The court of appeals has substantial flexibility in handling the petition for habeas corpus filed therein. Id. The appeal is dismissed. All concur. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.