Supreme Court of Missouri
en banc


November 23, 2004

OPINION BY WHITE, C.J.
SC85830	Andre V. Cole, Appellant, vs. State of Missouri, Respondent.
	AFFIRMED. All concur.

OPINION BY STITH, J.
SC85535	Gary Black, Appellant, vs. State of Missouri, Respondent.
	REVERSED AND REMANDED WITH DIRECTIONS. White, C.J., Wolff, Price, Teitelman and Limbaugh, JJ., and Blackmar, Sr.J., concur. Russell, J., not participating.

OPINION BY PRICE, J.
SC85970	State of Missouri ex rel. Ford Motor Company, Relator, vs. The Honorable Henry Westbrooke, Respondent.
	WRIT MADE ABSOLUTE AS MODIFIED. White, C.J., Wolff, Stith, Teitelman and Limbaugh, JJ., and Blackmar, Sr.J., concur. Russell, J., not participating.

MOTIONS FOR REHEARING
SC85583	The Junior College District of St. Louis, Respondent, vs. City of St. Louis, Appellant.
	Respondent's motion for rehearing overruled. Opinion modified on Court's own motion. Russell, J., not participating.

SC85609	State of Missouri, Respondent, vs. Anthony Finerson, Appellant.
	Appellant's motion for rehearing overruled. Russell, J., not participating.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC86348	Clara Smith, by and through her Next Friend, Jo Ann Stephan, Respondent, vs. AF & L Insurance Company, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED83685, denied. Russell, J., not participating.

SC86349	In the Estate of Mildred Fern Thompson, Deceased, Gary Mac White, Appellant, vs. James Daniel Hicks, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62937, denied.

SC86352	In the Matter of the Care and Treatment of Clifford T. Boone, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82669-1, denied. Russell, J., not participating.

SC86353	Chouteau Auto Mart, Inc., Respondent, vs. First Bank of Missouri, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63333, denied.

SC86356	Gloria Groh, Appellant, vs. Terry Kohler, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD63450, denied.

SC86357	39th & Main Business Center Association, Inc., Respondent, vs. J. Lewis Wyatt and Kristina Smith Wyatt, d/b/a The Southwell Building Company, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD62662, denied.

SC86359	JB Contracting, Inc., and Gerald A. Beller, Respondents, vs. Bernie B. Bierman and Mansions of the Hills I, L.L.C., Appellants.
	Respondents' application for transfer from the Missouri Court of Appeals, No. SD25441, denied.

SC86361	State of Missouri, Respondent, vs. Peter Noll, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83002, denied. Russell, J., not participating.

SC86362	Nichole E. Engel, Individually and Representatively on Behalf of Trinity Engel, et al., Appellants, vs. Corrigan Company-Mechanical Contractors, Inc., a Division of Corrigan Brothers, Inc., and Terex Corporation, a Delaware Corporation, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED83241, denied. Russell, J., not participating.

SC86363	Utility Service and Maintenance, Inc., and TIG Insurance Company, Respondents, vs. Noranda Aluminum, Inc., and Zurich Insurance Company, Appellants.
	Appellant Noranda Aluminum, Inc.'s application for transfer from the Missouri Court of Appeals, No. ED82504, sustained and cause ordered transferred. Russell, J., not participating.

SC86364	Ronald J. Fischer, Appellant, vs. Donald H. Brancato, et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED83408, denied. Russell, J., not participating.

SC86367	Damon Steele, Individually and as Natural Guardian and Next Friend of Denver John Steele, a minor, Appellant, vs. Evenflo Company, Inc., et al., Respondents.
	Respondents Evenflo Company, Inc., and Spalding & Evenflo Companies, Inc.'s application for transfer from the Missouri Court of Appeals, No. ED82315, denied. Russell, J., not participating. Respondent Patricia Mullins' application for transfer from the Missouri Court of Appeals, No. ED82315, denied. Russell, J., not participating.

SC86381	Curtis Kirchner, Appellant, vs. Richland Diversified Industries, Inc., and Division of Employment Security, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26016, denied.

SC86382	Deborah Lee Waugh, Respondent, vs. Randy Eugene Waugh, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83192, denied. Russell, J., not participating.

SC86383	In the Matter of the Care and Treatment of Kenneth K. Burgess, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25768, denied.

SC86384	Timothy Schrum and Myrna Lynn Schrum, Appellants, vs. Sulzer Spine-Tech Surgical, Inc., Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED83814, denied. Russell, J., not participating.

SC86387	City of Bolivar, Missouri, Respondent, vs. Jack L. Lacy, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25808, denied.

SC86388	State of Missouri, Respondent, vs. Larry Taylor, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD17583, denied.

SC86390	Harry M. Katz, M.D., Appellant, vs. Missouri Board of Registration for the Healing Arts, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83841, denied. Russell, J., not participating.

SC86360	David L. McDermott, Appellant, vs. Missouri Department of Corrections, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62917, denied.

SC86391	Wilson Keith Reed, Respondent, vs. Kathryn Jane (Reed) Cole, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83665, denied. Price and Russell, JJ., not participating.

SC86392	State of Missouri, Respondent, vs. Robert L. Meier, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82992, denied. Russell, J., not participating.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC85713	State ex rel. Terrance Anderson, Relator, vs. The Honorable William L. Syler, Respondent.
	Petition for writ of mandamus/prohibition denied.

SC86203	State ex rel. Stephen J. Hill, Petitioner, vs. The Honorable Jon Dermott and Jasper County Circuit Court, Respondents.
	Petition for writ of mandamus denied as moot.

SC86301	State ex rel. Brian Curtis, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of habeas corpus denied as to probation revocation and denied without prejudice regarding lack of record of guilty pleas. Russell, J., not participating. Petitioner's motion for appointment of counsel overruled as moot. Russell, J., not participating. Petitioner's motion to file notice of appeal out of time and/or for dismissal of charges overruled without prejudice to filing in the proper court. Russell, J., not participating. Petitioner's motion for subpoena overruled as moot. Russell, J., not participating. Petitioner's motion for dismissal of charges or for the release from custody overruled as moot. Russell, J., not participating. Petitioner's request for subpoena of booking sheet overruled as moot. Russell, J., not participating.

SC86355	State ex rel. Michael J. Jackson, Petitioner, vs. Mike Baker, Sheriff of Warren County, Missouri, Respondent.
	Petition for writ of habeas corpus denied.

SC86329	State ex rel. Arlando Boyd, Petitioner, vs. Michael Murphy, Respondent.
	Petition for writ of habeas corpus denied.

SC86365	State ex rel. Ford Motor Company, Relator, vs. The Honorable W. Stephen Nixon, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc within thirty days. Russell, J., not participating.

SC86374	State ex rel. Odus Turner and New Florence Wood Products & Independent Stave Co., Relators, vs. The Honorable Keith Sutherland, Respondent.
	Petition for writ of prohibition denied. Russell, J., not participating.

SC86378	State ex rel. Alpha Kappa Chapter of Pi Kappa Alpha Fraternity, et al., Petitioners, vs. The Honorable John J. Riley, Respondent.
	Petition for writ of prohibition denied.

SC86380	Jack L. Goldsmith, Petitioner, vs. State of Missouri, Respondent.
	Petitioner's nunc pro tunc motion denied without prejudice pursuant to Rule 84.22(a).

SC86351	State ex rel. Terry Newson, Petitioner, vs. Mike Kemna, Superintendent, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled as moot.

MOTIONS
SC86259	State ex rel. Thomas Smith, Petitioner, vs. The Honorable Keith M. Sutherland, Respondent.
	Respondent's request that the petition for writ be dismissed as moot sustained. Cause dismissed as moot.

SC86186	In re: Lawrence R. McClure, Respondent.
	Informant's motion to dismiss petition for reinstatement sustained.

SC86103	Stephen J. Hill, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion to compel the Court to appoint counsel or alternatively to appoint counsel overruled as moot.

SC86258	In re: Stephen G. Kaludis, Respondent.
	Informant's motion for appointment of Trustee pursuant to Rule 5.26 dismissed as moot. Informant's motion to have motion for appointment of Trustee pursuant to Rule 5.26 declared as moot sustained.

SC85771	State ex rel. Lawrence Dale Spidle, Petitioner, vs. State of Missouri, Respondent.
	Petitioner's motion to recall the mandate overruled.

SC86190	State of Missouri, Respondent, vs. James A. Beine, Appellant.
	Appellant's motion for bond pending disposition on appeal ordered taken with the case. Russell, J., not participating.

SC85171	State ex rel. Anthony Ashford, Petitioner, vs. Larry Rowley, Superintendent, Respondent, and Circuit Court of Cole County, Respondent.
	Petitioner's motion to recall the mandate overruled. Teitelman, J., not participating.

Day - to - Day,


____________________________________
Ronnie L. White, Chief Justice