Hubert v. Purkett
Hubert v. Purkett
Opinion of the Court
Dewayne Hubert (Appellant) appeals from a judgment denying his petition for writ of habeas corpus. The appeal is dismissed.
Appellant filed a petition for a writ of habeas corpus in the circuit court. The petition was denied and Appellant has appealed to this Court. In response, the State has filed a motion to dismiss the appeal, contending this Court has no jurisdiction of the appeal. Appellant has not filed a response to the motion.
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). Appellant has not filed a new writ petition.
The appeal is dismissed for lack of an appealable judgment.
Reference
- Full Case Name
- Dewayne HUBERT v. James PURKETT, Superintendent of Eastern Reception Diagnostic and Correctional Center
- Cited By
- 1 case
- Status
- Published