Missouri Court of Appeals, 2003

Windeknecht v. Stubblefield

Windeknecht v. Stubblefield
Missouri Court of Appeals · Decided March 4, 2003 · Crahan, Dowd, Mooney
98 S.W.3d 884; 2003 Mo. App. LEXIS 281; 2003 WL 716835 (South Western Reporter, Third Series)

Windeknecht v. Stubblefield

Opinion of the Court

LAWRENCE E. MOONEY, Chief Judge.

Larry Windeknecht 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). 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). Where a petition for writ of habeas corpus is denied, petitioner’s remedy is by way of a successive application for writ of habeas corpus. State ex rel. Bennett v. Gagne, 623 S.W.2d 87, 89 (Mo.App. W.D. 1981).

The appeal is dismissed for lack of an appealable judgment.

LAWRENCE G. CRAHAN and ROBERT G. DOWD, JR., JJ., concur.

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