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Minutes of January 27, 2009


Supreme Court of Missouri
en banc

January 27, 2009
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OPINION BY STITH, C.J.

SC89240State of Missouri, Respondent, vs. Mike Perry, Appellant.

AFFIRMED. Price, Teitelman, Russell, Wolff and Breckenridge, JJ., and
Maloney, Sp.J., concur. Fischer, J., not participating.



OPINION BY TEITELMAN, J.

SC89501State of Missouri, Respondent, vs. Michael Teer, Appellant.

AFFIRMED IN PART; REVERSED IN PART; REMANDED. Stith, C.J., and Wolff, J., concur; Fischer, J., concurs in separate opinion filed; Stith, C.J., and Wolff, J., concur in opinion of Fischer, J.; Russell, J., dissents in separate opinion filed; Price and Breckenridge, JJ., concur in opinion of Russell, J.



OPINION BY WOLFF, J.

SC89404J.C.W. and T.D.W., minors, by their next friend, Kelly K. Webb, Appellant, vs. Jason L. Wyciskalla, Respondent.

VACATED AND REMANDED. All concur.



OPINION BY FISCHER, J.

SC89623In re: Brian Zink, Respondent.

DISCIPLINE ORDERED. All concur.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC89664Marion Michael Distefano, Respondent, vs. Saint-Gobain Calmar, Inc., Appellant, Grandview Road Property, L.L.C., Defendant, and William T. Whitlow, Appellant.
Appellants' application for transfer from the Missouri Court of Appeals, No. WD67541, denied.



SC89665Larry Boshears, Respondent, Jamie Baggett, Plaintiff, vs. Saint-Gobain Calmar, Inc., and William T. Whitlow, Appellants.
Appellants' application for transfer from the Missouri Court of Appeals, No. WD67443, denied.



SC89734Robert E. Fast, M.D., et al., Appellants, vs. F. James Marston, M.D., Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD68672, sustained and cause ordered transferred.



SC89751State of Missouri ex rel. Jeremiah W. (Jay) Nixon, Relator, vs. The Honorable Mary Sheffield and Phyllis Staley, Respondents.
Respondents' application for transfer from the Missouri Court of Appeals, No. SD28941, denied without prejudice to seeking relief, if any, pursuant to McFadden v. State, 256 S.W.3d 103 (Mo. banc 2008).



SC89767Elizabeth Eisenberg, Appellant, vs. Barnet M. McKee and Brad Goss, Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED90612, denied.

SC89776Edward Dunn, Jr., Appellant, vs. Treasurer of Missouri as Custodian of Second Injury Fund, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED90615, denied.



SC89781The Board of Education of the City of St. Louis, Petitioner, vs. Gregory F.X. Daly, Collector of the City of St. Louis, Respondent, vs. Value St. Louis Associates, L.P. and STL 300 N. 4th, LLC, Appellants, and State Tax Commission, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED90887, denied.



SC89782James Helenthal, Individually and as President of Tri-State Shopper, Inc., and his wife, Jeni Helenthal, Appellants/Cross-Respondents, vs. Lathrop & Gage, L.C., Respondent/Cross-Appellant, and Kutak Rock, Respondent.
Appellants/Cross-Respondents' application for transfer from the Missouri Court of Appeals, No. ED90829, denied. Price, J., not participating.



SC89789State of Missouri, Respondent, vs. Robert Stewart, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED90361, denied.



SC89790Kristin R. Rozier, Respondent, vs. Director of Revenue, State of Missouri, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD68534, denied.


SC89795Moore Automotive Group, Inc., Appellant, vs. Sandy Goffstein and Goffstein, Raskas, Pomerantz, Kraus & Sherman, LLC, Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED91104, sustained and cause ordered transferred.



SC89797Craig Pijanowski, Respondent, vs. Hope Pijanowski, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD69193, denied.



SC89798State of Missouri ex rel. Ad Trend, Inc., Appellant, vs. City of Platte City, Missouri, and Tom Wooddell, Respondents, Missouri Attorney General, Defendant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD68559, denied.



SC89799Thomas K. Kelly, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD68696, denied.



SC89800State of Missouri, Respondent, vs. Eddie Head, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED90571, denied.




SC89802State of Missouri, Respondent, vs. Phillip A. Hughes, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD67320, denied. Wolff, J., not participating.



SC89803State of Missouri, Respondent, vs. Carlton Deon Mason, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD68561, denied.



SC89804Dedric Scott, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD68324, denied.



SC89805Jeffrey L. Lagud, Respondent, vs. Kansas City Missouri Board of Police Commissioners, et al., Appellants.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD68763, denied.



SC89806Melody Davis, Respondent, vs. Excelsior Springs Medical Center, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD69333, denied.




SC89807In the Interest of: A.M.S. and K.P.S.; Missouri Department of Social Services, Children's Division, Respondent, vs. S.V. (Natural Mother), Defendant, C.S. (Natural Father), Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD69005, denied.



SC89810In the Estate of Earl J. Conard, Deceased; Wendell Conard and Dean Conard, Respondents, vs. William Engel, Linda Engel, and Jay Engel, Appellants.
Respondents' application for transfer from the Missouri Court of Appeals, No. WD68624, denied. Fischer, J., not participating.



SC89811State of Missouri ex rel. Trish Vincent, Director of Revenue, Respondent, vs. Craig E. Benton, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD69138, denied.



SC89817State of Missouri, Respondent, vs. Kevin Scott Steele, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD29370, denied.



SC89820State of Missouri, Respondent, vs. Terrell C. Gaw, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. SD28715, sustained and cause ordered transferred.




SC89821City of Strafford, Respondent, vs. Max Croxdale, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD28746, denied.



SC89827Jamie S. Schild, Respondent/Cross-Appellant, vs. Craig T. Schild, Appellant/Cross-Respondent.
Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, No. ED89836, denied.



SC89829Mary Anastasia Naegele, Appellant, vs. Biomedical Systems Corporation, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED90584, denied.



SC89838Mary H. Stevens, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, Nos. ED90971 and ED90972, denied.



SC89841State of Missouri, Respondent, vs. Andre Clark, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD28072, denied.



SC89844Morris Jones and Pamela Brown, Appellants/Cross-Respondents, vs. Mid-Century Insurance Co., Respondent/Cross-Appellant.
Appellants/Cross-Respondents' application for transfer from the Missouri Court of Appeals, Nos. SD28757 and SC28758, sustained and cause ordered transferred.



SC89845State of Missouri ex rel. American Eagle Waste Industries, et al., Appellants, vs. St. Louis County, Missouri, et al., Respondents
Respondents' application for transfer from the Missouri Court of Appeals, No. ED91677, denied.



SC89847Sharolynne Y. Waller, Appellant, vs. Denise J. Watson-Wesley Coleman and White, Ovletrea & Watson, L.C., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED90734, denied.



SC89851Jane Turner, et al., Appellants, vs. School District of Clayton, et al., Respondents.
Appellants' application for transfer prior to disposition from the Missouri Court of Appeals, No. ED92226, denied.



SC89852Connie Hendren, Successor Personal Representative of the Estate of Phyllis DeLaRosa and Derrick DeLaRosa, Appellants, vs. Farmers State Bank, S.B., Respondent.
Appellants' application for transfer from the Missouri Court of Appeals, No. WD69011, denied.



SC89855Ronald D. Gregg, et al., Appellants, vs. City of Kansas City, Missouri, et al., Respondents.
Appellants' application for transfer from the Missouri Court of Appeals, No. WD68989, denied.



SC89856Flagstar Bank, Respondent, vs. Theresa Ghafoori, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED90924, denied.



SC89859Darren Lindley, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED90559, denied.



SC89860Fredrico Lowe-Bey, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED90360, denied.



SC89863Lewis E. Cole, Appellant, vs. Robin Carnahan, et al., Respondents, Zine Vrons, et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD70082, denied.



SC89864Valerie Jackson, Appellant, vs. Leland Health Care LLC, et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED90084, denied.



SC89865Evelyn B. Topps, Appellant, vs. City of Country Club Hills, Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED91509, denied.



SC89866Joyce Bivins, Appellant, vs. St. John's Regional Health Center and Sisters of Mercy Health System, Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD28838, denied.



SC89870Carol Self, Appellant, vs. Midwest Orthopedics Foot & Ankle, P.C., Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD68977, denied.



SC89871In re Search Warrant for 415 Locust Street, Chillicothe, Missouri; Patrice Robertson, et al., Appellants, vs. State of Missouri, Respondent.
Appellants' application for transfer from the Missouri Court of Appeals, No. WD69242, denied.



SC89872State of Missouri ex rel. Helen Carter, Respondent, vs. City of Independence, Missouri, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD68732, denied.



SC89875Fredric S. Rickner, et al., Appellants, vs. Dimitrios Golfinopoulos, D.O., et al., Respondents.
Appellants' application for transfer from the Missouri Court of Appeals, No. WD68690, denied.



SC89876Rick E. Simmons, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD68429, denied.



SC89879State of Missouri, Respondent, vs. Derrick L. Burnett, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD68187, denied.



SC89880Roland K. Schaefer, Appellant, vs. Western Surety Company, d/b/a CNA Surety, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED91347, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS

SC89671State ex rel. Crown Power and Equipment Company, L.L.C., Relator, vs. The Honorable Gary E. Ravens, Respondent.
Petition for writ of prohibition sustained. Preliminary writ of prohibition ordered to issue returnable to Court en Banc in thirty days.



SC89703State ex rel. the Kansas City, Missouri Police Department, et al., Relators, vs. The Honorable Charles E. Atwell, Respondent.
Petition for writ of prohibition sustained. Preliminary writ of prohibition ordered to issue returnable to Court en Banc in thirty days.



SC89788State ex rel. Jonathan Brock, Relator, vs. The Honorable Robert H. Dierker, Jr., Respondent.
Petition for writ of prohibition or, in the alternative, petition for writ of habeas corpus denied.



SC89793State ex rel. Thomas D. Mock, Sr., et al., Relators, vs. The Honorable William H. Winchester, Respondent.
Petition for writ of prohibition denied.



SC89812State ex rel. Jim Harris, Jr., Petitioner, vs. Ellis McSwain, Superintendent, Respondent.
Petition for writ of habeas corpus denied.


SC89818State ex rel. Lawrence R. Pugh, surviving adult father and Courtney Boner, surviving adult daughter, Relators, vs. The Honorable Weldon C. Judah, Respondent.
Petition for writ of prohibition or, in the alternative, mandamus denied.



SC89819State ex rel. Eric D. Clemmons, Relator, vs. The Honorable Nannette A. Baker, Respondent.
Petition for writ of mandamus denied.



SC89769State ex rel. Lannie DeJournett, Petitioner, vs. Don Roper, Respondent.
Petition for writ of habeas corpus denied.



SC89825State ex rel. Poulsbo RV, Inc., Relator, vs. The Honorable Marco Roldan, Respondent.
Petition for writ of prohibition or, in the alternative, mandamus denied.



SC89839State ex rel. Jonathan Brock, Petitioner, vs. Larry Denney, Superintendent, Respondent.
Petition for writ of habeas corpus denied.


SC89814State ex rel. Timothy M. Prosser, Petitioner, vs. Steve Larkins, Superintendent, Respondent.
Petition for writ of habeas corpus denied.



SC89853State ex rel. Edward D. Jones & Co., L.P., Relator, vs. The Honorable J. Dan Conklin, Respondent.
Petition for writ of prohibition or, in the alternative, petition for writ of mandamus denied without prejudice pursuant to Rule 84.22(a).



SC89854State ex rel. Missouri Highways and Transportation Commission, Relator, vs. The Honorable William Camm Seay, Respondent.
Petition for writ of prohibition denied.



SC89873State ex rel. Washington University and Barnes-Jewish Hospital, Relators, vs. The Honorable David L. Dowd, Respondent.
Petition for writ of prohibition or, in the alternative, petition for writ of mandamus denied.



SC89874State ex rel. St. Anthony's Medical Center, Relator, vs. The Honorable David L. Dowd, Respondent.
Petition for writ of prohibition or, in the alternative, petition for writ of mandamus denied.


SC89836State ex rel. Michael Rauch, Petitioner, vs. Larry Denney, Respondent.
Petition for writ of habeas corpus denied.



MOTIONS

SC63484State of Missouri, Respondent, vs. Mark S. Clark, Appellant.
Appellant's petition to recall the mandate with permission to file a separate brief overruled.





The next regular conference of Court en Banc will be on February 24, 2009.



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