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Case: State of Missouri, Respondent, v. George W. Carlisle, Jr., Appellant.
Case Number: ED92749
Court: Missouri Court of Appeals, Eastern District
Decision Date: 2009-05-12
Outcome: dismissed
Practice Area: criminal-law
Canonical URL: https://ott.law/missouri-courts/opinions/state-of-missouri-respondent-v-george-w-carlisle-jr-appellant-d92749
Official Source URL: https://www.courts.mo.gov/file.jsp?id=31614
Related Practice Areas:
- Criminal Law: https://ott.law/practice-areas/criminal-law?ott_archive=missouri-courts&ott_archive_practice_area=criminal-law&ott_archive_query=State+of+Missouri%2C+Respondent%2C+v.+George+W.+Carlisle%2C+Jr.%2C+Appellant.&ott_archive_link_source=tag&ott_archive_link_score=30&ott_archive_link_evidence=tag%3A+criminal-law%3B+text%3A+state+of+missouri&ott_archive_location=opinion_plain_text_practice_area (slug: criminal-law; source: tag; score: 30; evidence: tag: criminal-law, text: state of missouri, text: criminal)

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## Opinion

STATE OF MISSOURI,   ) No. ED92749 
      ) 
                        Plaintiff/Respondent,                        )                        
                                                                        )            Appeal            from            the            Circuit            Court            of            
            vs.                                                            )            St.            Charles            County            
      )  
GEORGE W. CARLISLE, JR.,  ) Hon. Ted House 
      )  
  Defendant/Appellant.   ) FILED:  May 12, 2009 
 
George W. Carlisle, Jr. (Appellant) appeals from an order denying his motion to proceed 
in forma pauperis in his criminal proceeding.  His criminal case is still pending in the trial court.  
This Court issued an order directing Appellant to show cause why his appeal should not be 
dismissed for lack of a final, appealable judgment.  Appellant has filed a response to the order. 
Appellant is appealing from an order denying his motion to proceed in forma pauperis 
and his criminal case is still pending in the trial court.  Appellant has not been convicted and no 
judgment and sentence have been entered.  Thus, there is no right to an appeal under section 
547.070, RSMo 2000.  State v. Welch, 865 S.W.2d 434, 435 (Mo. App. E.D. 1993).  Appellant 
asserts in his response that the denial of indigent status violates his constitutional rights.  In 
essence, Appellant argues only the merits of his appeal.  He does not assert there is a final, 
appealable judgment.  Appellant's review, if any, is by extraordinary writ petition.  See
, Wray v. 
Adams, 103 S.W.3d 812, 813 (Mo. App. E.D. 2003).   

 The appeal is dismissed without prejudice for lack of a final, appealable judgment. 
 
 
             
                                                                                    __________________________________            
                                                                                    NANNETTE            A.            BAKER,            CHIEF            JUDGE            
 
PATRICIA L. COHEN, J. and   
KENNETH M. ROMINES, J., concur.  
 
 
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