William Fleming, Appellant, v. Larry Rowley, Superintendent, Missouri Eastern Correctional Center, 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: William Fleming, Appellant, v. Larry Rowley, Superintendent, Missouri Eastern Correctional Center, Respondent. Case Number: ED84943 Handdown Date: 10/26/2004 Appeal From: Circuit Court of St. Louis County, Hon. Barbara W. Wallace Counsel for Appellant: Party Acting Pro Se Counsel for Respondent: Jeremiah W. Nixon Opinion Summary: William Fleming appeals from a judgment dismissing his petition for writ of habeas corpus. DISMISSED. Division Five holds: No appeal lies from a judgment dismissing a petition for a writ of habeas corpus. Citation: Opinion Author: George W. Draper III, C.J. Opinion Vote: DISMISSED. Crahan and Norton, JJ., concur. Opinion: William Fleming (Appellant) appeals from a judgment dismissing his petition for writ of habeas corpus. We are obligated in every case 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, Appellant seeks to appeal from the judgment dismissing his petition for writ of habeas corpus in the circuit court. An appeal does not lie from the denial or dismissal of a petition for habeas corpus. McDermott v. State , 120 S.W.3d 261, 262 (Mo. App. E.D. 2003). A petitioner's remedy where a petition for writ of habeas corpus is dismissed is to file a new 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 filed a response, but offers no argument regarding the lack of jurisdiction. Instead, he argues the merits of his case. Without jurisdiction, this Court cannot address the merits. 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.