Samuel Barker, Appellant v. Larry Rowley, 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: Samuel Barker, Appellant v. Larry Rowley, Respondent. Case Number: ED87384 Handdown Date: 03/14/2006 Appeal From: Circuit Court of St. Louis County, Hon. B.C. Drumm, Jr. Counsel for Appellant: Samuel Barker, Pro Se Counsel for Respondent: Andrew Hassell Opinion Summary: Samuel Barker 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: Glenn A. Norton, C.J. Opinion Vote: APPEAL DISMISSED. Crane, J., and Shaw, J., Concur. Opinion: Samuel Barker 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 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). 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). We issued an order directing Appellant to show cause why his appeal should not be dismissed. Appellant has failed to file a response. 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.