Section 15.27 Review

LibraryApp Ct Prac 2015 Supp

E. (§15.27) Review

No appeal lies from a decision in a writ of habeas corpus proceeding. Cheek v. State, 776 S.W.2d 66, 68 (Mo. App. S.D. 1989); Miller v. State, 615 S.W.2d 98 (Mo. App. S.D. 1981); see also Woodrome v. State, 788 S.W.2d 544, 546 (Mo. App. S.D. 1990); State ex rel. Nixon v. Clark, 926 S.W.2d 22, 23 (Mo. App. W.D. 1996). “[C]ertiorari is the proper remedy for appellate review.” Id. at 23.

Generally, on certiorari, the review is limited to jurisdictional matters and errors appearing on the face of the record in the habeas corpus proceeding. Evidence, inasmuch as it relates to the merits, is ordinarily not considered on review by certiorari. See State ex rel. Shartel v. Skinker, 25 S.W.2d 472 (Mo. banc 1930); State ex rel. Lane v.C...

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