Supreme Court of Missouri
en banc

January 25, 2005

OPINION BY WHITE, C.J.
SC86129	State of Missouri, Respondent, vs. Ronnie D. Gonzales, Appellant.
	REVERSED AND REMANDED. Wolff, Stith, Price, Teitelman and Limbaugh, JJ., and Ellis, Sp.J., concur. Russell, J., not participating.

OPINION BY WOLFF, J.
SC85781	Medicine Shoppe International, Inc., Respondent, vs. Director of Revenue, Appellant.
	AFFIRMED. All concur.

OPINION BY WOLFF, J.
SC86089	Jerry and Kimberly Norman, Individually and as Husband and Wife, and Jerry Norman, as plaintiff ad litem for Kenneth Norman, a deceased minor, Appellants, vs. Andy J. Wright, M.D., Respondent.
	REVERSED AND REMANDED. All concur.

OPINION BY TEITELMAN, J.
SC86096	Murphy Company Mechanical Contractors & Engineers, Respondent, vs. Director of Revenue, Appellant.
	AFFIRMED. All concur.

OPINION BY RUSSELL, J.
SC85889	Ameristar Jet Charter, Inc., and Sierra American Corporation, Appellant-Respondent, vs. Dodson International Parts, Inc., Respondent-Appellant, Houston Casualty Company, Respondent, Howe Associates, Inc., Defendant.
	AFFIRMED IN PART; REVERSED IN PART; REMANDED. White, C.J., Wolff, Price, Teitelman and Limbaugh, JJ., and Blackmar, Sr.J., concur. Stith, J., not participating.

PER CURIAM
SC85990	State of Missouri, Respondent, vs. Phillip Belton, Appellant.
	AFFIRMED. White, C.J., Wolff, Stith, Price, Teitelman and Limbaugh, JJ., and Blackmar, Sr.J., concur. Russell, J., not participating.

MOTIONS FOR REHEARING
SC85830	Andre V. Cole, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for rehearing overruled.

SC85803	Kevin Dale Sexton, Appellant, vs. Jenkins & Associates, Inc., Defendant, Steve Sloniker, et al., Respondents.
	Appellant's motion for rehearing or, in the alternative, for modification overruled. Russell, J., not participating.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC86470	Sammy Kay Porter, Respondent, vs. Toys "R" Us - Delaware, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61645, denied.

SC86471	State of Missouri, Respondent, vs. Richard I. Buchli II, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62178, denied. Limbaugh, J., not participating.

SC86472	In the Matter of the Care and Treatment of James E. Lewis, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62339, denied.

SC86473	In the Estate of: Dollie Marie Herbert, Deceased Crystal Denise Herbert and Lacey Diann Mayer, Appellants, vs. Estel Don Herbert, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD63031, denied.

SC86474	State of Missouri ex rel. Riverside Pipeline Company, L.P., Mid-Kansas Partnership, and Missouri Gas Energy, Respondents, vs. Public Service Commission of the State of Missouri, Appellant.
	Respondents Riverside Pipeline Company, L.P. and Mid-Kansas Partnership's application for transfer from the Missouri Court of Appeals, No. WD63093, sustained and cause ordered transferred.

SC86476	Sangamon Associates, Ltd., et al., Appellants, vs. The Carpenter 1985 Family Partnership, Ltd., et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD63485, sustained and cause ordered transferred. Stith, J., not participating.

SC86477	In the Interest of: S.P. & A.P., Juvenile Officer, Respondent, vs. R.P., Appellant, and M.C. and John Doe, Defendants.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63774 (consolidated with WD63775), denied.

SC86478	Jacob and Diane Bailey, Respondents, vs. Federated Mutual Insurance Company, Appellant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD63419, denied.

SC86479	Pamela Ostrander, Respondent, vs. Jerry K. O'Banion, D.O., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62548, denied.

SC86481	Janice C. Campbell, Plaintiff, Albert W.L. Moore, Jr., Appellant-Respondent, vs. Joseph Campbell, et al., Respondent-Appellant, Rebbecca Lake Wood, Respondent.
	Appellant-Respondent's application for transfer from the Missouri Court of Appeals, Nos. WD62056 and WD62097, denied.

SC86485	Greenpoint Credit, L.L.C., Appellant, vs. Vernon Reynolds and Mary Nations, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26134, denied.

SC86486	State of Missouri, Respondent, vs. Steven Niebrzydoski, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83046, denied. Russell, J., not participating.

SC86489	State of Missouri, Respondent, vs. Steven Wright, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82243, denied. Russell, J., not participating.

SC86491	Marlis & Joseph Thum, Appellants, vs. Joseph J. Williams, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED84020, denied. Russell, J., not participating.

SC86492	Melissa Green, Appellant, vs. Missouri Department of Transportation, a/k/a Missouri Highway and Transportation Commission, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25970, denied.

SC86495	In the Matter of the Care and Treatment of: Charles St. Clair, a/k/a Charles E. St. Clair, Jr., a/k/a Junior St. Clair, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83536, denied.

SC86496	Chad A. Lack, Respondent, vs. Kasey Payne & Tony Pennington, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD26125, denied.

SC86508	First Missionary Baptist Church of Ballwin, a/k/a First Baptist Church of Ballwin, by and through its Board of Trustees, Plaintiffs, Richard Rollins, et al., Respondents, vs. Anthony Barnes, et al., Appellants.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED83880, denied.

SC86510	Steven Morland, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63809, denied.

SC86511	In the Interest of J.B.D., a child under seventeen years of age, Greene County Juvenile Office, Respondent, vs. J.M.D., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26031, denied.

SC86515	State of Missouri, Respondent, vs. Troy A. Smocks, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63446, denied.

SC86521	Lance Hobbs, Appellant, vs. Boy Scouts of America, Inc., et al., Respondents, Richard Green, Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63342, denied. Limbaugh, J., not participating.

SC86524	Tracy Powell, Appellant, vs. Missouri Department of Corrections and Missouri Board of Probation and Parole, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD63982, denied.

SC86525	Lande D. Scott, Respondent, vs. Missouri Department of Corrections, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63858, denied.

SC86526	Lance R. Irvin, Appellant, vs. Gary Kempker, et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD62836, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC86375	State ex rel. Jarrett L. Matchett, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22(a). Petitioner's motion to transfer overruled as moot.

SC86442	State ex rel. Eric Schwepker, Petitioner, vs. Chuck Dwyer, Superintendent, and Jeremiah Nixon, Attorney General, Respondents.
	Petition for writ of habeas corpus denied.

SC86483	State ex rel. Capitol Crossing Bank, (Successor in Interest to US Bank, N.A.) and US Bank, N.A., Relators, vs. The Honorable David A. Dolan, Respondent.
	Petition for writ of prohibition denied. Respondent's motion to dismiss writ of prohibition and motion to strike as to Capitol Crossing Bank overruled as moot. Respondent's motion to strike Relators' reply to Respondent's suggestions overruled as moot.

SC86425	State ex rel. Brian Moore, Relator, vs. Missouri Department of Corrections Eastern Reception and Diagnostic Correctional Center, James Purkett, Superintendent, and Phyllis M. Bland, Records Office Manager, Respondents.
	Petition for writ of mandamus denied without prejudice pursuant to Rule 84.22.

SC86490	State ex rel. Abdul Ayat Mohammed Bey, a/k/a Ronald Bernard Britt-Bey, Petitioner, vs. Francis G. Slay, Mayor, et al., Respondents.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22 and 91.02(a).

SC86493	State ex rel. John Frederick, Relator, vs. The Honorable Phillip Jones, Commissioner, and The Honorable Joseph A. Goeke, III, Judge, Respondents.
	Petition for writ of mandamus denied.

SC86497	State ex rel. David Seabaugh and Joshua Yount, Relators, vs. The Honorable Michael Burton, Respondent.
	Petition for writ of mandamus denied.

SC86498	State ex rel. Missouri Highway Patrol and Colonel Weldon L. Wilhoit, Relators, vs. The Honorable Charles E. Atwell, Respondent.
	Petition for writ of prohibition denied.

SC86502	State ex rel. The Doe Run Resources Corp., et al., Relators, vs. The Honorable John J. Riley and The Honorable Michael P. David, Respondents.
	Petition for writ of prohibition or, in the alternative, mandamus denied.

SC86484	State ex rel. Lawrence McCollum, Petitioner, vs. Mike Kemna, Superintendent, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled as moot.

SC86503	State ex rel. Richard Fowler, Petitioner, vs. James Purkett, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC86505	State ex rel. Jason Fincher, Petitioner, vs. The Honorable Keith M. Sutherland, Respondent.
	Petition for writ of mandamus denied.

SC86513	State ex rel. Rebecca Flores-McEntire, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of habeas corpus denied.

SC86514	State ex rel. Nicholas Srader, Petitioner, vs. Steven Moore, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC86516	State ex rel. Byron L. East, Petitioner, vs. Michael M. Kemna, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC86527	State ex rel. David G. Baugh, Petitioner, vs. Robert Parks, et al., Respondents.
	Petition for writ of declaratory judgment dismissed without prejudice.

SC86528	State ex rel. Hardee's Food Systems, Inc., Relator, vs. The Honorable Steven H. Goldman, Respondent.
	Petition for writ of prohibition denied.

SC86530	State ex rel. Cooper Tire & Rubber Company, Relator, vs. The Honorable W. Stephen Nixon, Respondent.
	Petition for writ of prohibition and for immediate stay of the $1,000.00 per day sanction sustained. Preliminary writ ordered to issue returnable to Court en Banc within thirty days. Relator's motion to dispense with time limits set forth in Rule 84.24(c) or, in the alternative, for a stop order overruled as moot. Relator's motion for leave to file exhibits under seal sustained.

MOTIONS
SC86500	Lester M. Dean, Jr., Plaintiff, vs. Edward C. Gillette and H. Vincent Monslow, Defendants.
	Plaintiff's motion for authorization of the release of Missouri Continuing Legal Education records of H. Vincent Monslow overruled.

Day - to - Day,


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Ronnie L. White, Chief Justice