Missouri Revised Statutes
Mo. Rev. Stat. § 532.040 (2026)
Second writ not to issue, when
✓ current as of May 2026
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532.040. Second writ not to issue, when. — Whenever an application under this chapter for a writ of habeas corpus shall be refused, it shall not be lawful for any inferior court or officer to entertain any application for the relief sought from, and refused by, a superior court or officer.
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(RSMo 1939 § 1657)
Prior revisions: 1929 § 1493; 1919 § 1943; 1909 § 2508
Notes of Decisions
Cited in 4
cases, 1959–1986 · leading case: State v. Dodson, 556 S.W.2d 938 (Mo. Ct. App. 1977).
State v. Dodson, 556 S.W.2d 938 (Mo. Ct. App. 1977). “Piling an application for a writ of habeas corpus is the proper procedure for contesting the denial of bail. State v. Thompkins, supra.”
McIntosh v. Haynes, 545 S.W.2d 647 (Mo. 1977). “Specifically, section 532.040 provides the writ shall not be entertained by an inferior court where the relief sought was refused by a superior court; section 532.”
State v. Thompson, 324 S.W.2d 133 (Mo. 1959). “A contrary view would not be in keeping with the intent expressed in § 532.040 of the Habeas Corpus Act which is: “Whenever an application under this chapter for a writ of habeas corpus shall be refused, it shall not be lawful for any inferior court or officer to entertain any…”
Hicks v. State, 719 S.W.2d 86 (Mo. Ct. App. 1986). “A contrary view would not be in keeping with the intent expressed in § 532.040 of the Habeas Corpus Act which is: ‘Whenever an application under this chapter for a writ of habeas corpus shall be refused, it shall not be lawful for any inferior court or officer to entertain any…”
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