DocketNumber: No. 23802
Citation Numbers: 51 S.W.3d 149, 2001 Mo. App. LEXIS 803, 2001 WL 491198
Judges: Barney, Garrison, Prewitt
Filed Date: 5/10/2001
Status: Precedential
Modified Date: 11/14/2024
Larry Taylor (“Appellant”) appeals the dismissal of his petition for a writ of ha-beas corpus by the Circuit Court of McDonald County following a “motion to dismiss” filed by the State of Missouri (“Respondent”).
Before reviewing Appellant’s point of trial court error, we observe that “ ‘[a]ny person restrained of liberty within this state may petition for a writ of habeas corpus to inquire into the cause of such restraint.’ ” State ex rel. Nixon v. Dierker, 22 S.W.3d 787, 789 (Mo.App.2000)(quoting Rule 91.01, Missouri Court Rules 2000); see also § 532.010, RSMo 2000. Proceedings under Rule 91 “are limited ‘to determining the facial validity of confinement’ ” on the basis of the entire record of the proceeding in question.
In our review of Appellant’s brief, we take cognizance of the fact that the brief violates several provisions of Rule 84.04. It fails to include a fair statement of the facts and an explanation in summary fashion, why, in the context of the case, Appellant’s legal reasons support the claim of reversible error. See Rule 84.04(c); Rule 84.04(d)(A) and (C). A brief that does not comply with Rule 84.04 preserves nothing for appellate review. Libberton v. Phillips, 995 S.W.2d 66, 67 (Mo.App.1999).
As best we can discern from our gratuitous review of the very sparse record, including Respondent’s “motion to dismiss” which we denominate as an answer under Rule 91.09, we interpolate that Appellant is currently on some form of supervised parole and that a “Ms. Maniré,” of the probation and parole office in McDonald county, is his parole supervisor. In his writ, without a shred of explanation, Appellant seeks his release from what he terms an “unconstitutional supervision of the Missouri Department of Corrections.”
Appellant’s appeal is dismissed.
. In his petition, Appellant "move[d] the state to release [Appellant] from existing unconstitutional supervision of the Missouri Department of Corrections, or in the alternative, to produce statutory authority for [Appellant's] restraint of liberties in the above style [sic] cause....” The petition recited that Appellant had been originally charged in McDonald county with "manufacturing marijuana by harvesting in Oct., 1984, a violation of Section 195.020, RSMo 1983.” In answering, Respondent through the prosecuting attorney of McDonald county filed a "motion to dismiss” the petition for a writ of habeas corpus setting out that Appellant lacked standing to bring such an action because he was "not committed, detained, confined or otherwise restrained of his liberty.” The "motion to dismiss” further set out that "[Appellant] writes in his pleadings that he is currently free on parole within this State.” Appellant filed no reply to the "motion to dismiss.”
. Rule references are to Missouri Court Rules (2001), unless otherwise set out.
. “Pro se parties are bound by the same rules of procedure as parties represented by lawyers, and are not entitled to indulgences they would not have received if represented by counsel.” Belisle v. City of Senath, 974 S.W.2d 600, 601 (Mo.App.1998). While we recognize the problems faced by pro se litigants, we cannot relax our standards for non lawyers. "It is not for lack of sympathy but rather it is necessitated by the requirement of judicial impartiality, judicial economy and fairness to all parties.” Kline v. Casey's General Stores, Inc., 998 S.W.2d 140, 141 (Mo. App.1999) (quoting Sutton v. Goldenberg, 862 S.W.2d 515, 517 (Mo.App.1993)).