McDERMOTT v. STATE

No. ED 82552.

120 S.W.3d 261 (2003)

David L. McDERMOTT, Petitioner/Appellant, v. STATE of Missouri, et al., Respondents/Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

October 28, 2003.


Attorney(s) appearing for the Case

David L. McDermott, Bowling Green, MO, pro se.

Jeremiah W. (Jay) Nixon, Atty. Gen., John Munson Morris, III, Asst. Atty. Gen., Jefferson City, MO, Michael J. Spillane, Asst. Atty. Gen., for respondent.


LAWRENCE E. MOONEY, Judge.

David L. McDermott, a prisoner, appeals pro se from the St. Louis County Circuit Court's judgment dismissing his action entitled "Petition for Writ of Error by Right with Declaratory Relief and Habeas Relief" for lack of jurisdiction. The appellant also challenges the denial of his "Motion to Reopen, Amend or Modify Judgment and to Amend as a Matter of Course." The circuit court construed the petition as one for habeas corpus, which...

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