Supreme Court of Missouri
en banc

October 3, 2000

PER CURIAM
SC82387	Michael P. Rossini, Appellant, vs. Dora B. Schriro, Director, Missouri Department of Corrections, Respondent.
	AFFIRMED. All concur.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC82901	Synergy Gas, Inc., Appellant, vs. C.A.M. Enterprises, Inc., et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD22982, denied.

SC82907	Brierly Ann Stafford, Respondent, vs. Kenneth Neal Kite, Jr., Defendant, and Traders Insurance Company, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD57598, denied.

SC82908	Linda S. Littleton, Appellant, vs. Robert H. Littleton, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, Nos. WD57101 and WD57580, denied.

SC82909	State of Missouri ex rel., Paul Chang and Karen Chang, Relators, vs. Honorable William Ely, Judge, Circuit Court of Jackson County, Division 2, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD57786, denied.

SC82910	Jay Angoff, Director, Missouri Department of Insurance, acting as receiver for Commonwealth General Insurance Company, Respondent, vs. Marion A. Allen, Inc., Marion A. Allen, Inc. of Gainsville, Marion A. Allen, Inc. of Ft. Valley, Allen Insurance Associates, Inc. and Allen and Furr, Inc., Appellants.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD57130, sustained and cause ordered transferred. Price, C.J., and Holstein, J., not participating.

SC82911	In The Interest Of: A.R., Respondent, Juvenile Officer, Respondent, vs. E.R. (Natural Father), Appellant, C.R. (Natural Mother), Appellant.
	Appellant E.R.'s (Natural Father) application for transfer from the Missouri Court of Appeals, No. WD56777, denied.

SC82913	Sherri Warren, Appellant, vs. AlliedSignal, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57814, denied.

SC82916	Michael Wilson, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD56486, denied.

SC82917	State of Missouri, Respondent, vs. Alfredo Michel, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD56454, denied.

SC82918	Billy Jay Palmer, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57043, denied.

SC82919	Merichia L. Brown, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57507, denied.

SC82920	Edward R. McDonald, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, Nos. SD23080 and SD23137, denied.

SC82921	Demorris Stepp, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77177, denied.

SC82922	Ray Allen Ivy, Appellant, vs. Delicia Colleen Ivy, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57083, denied.

SC82923	In The Interest of R.B. and T.B., Plaintiffs, Diane Painter, Juvenile Officer, Respondent, vs. M.B.J. (Natural Mother), Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, Nos. WD57256, WD56323, WD56324 and WD57257, denied.

SC82924	Pierre Heidrich and Maria Long, Appellants/Respondents, vs. City of Lee's Summit, Respondent, Community Bank of Pettis County, Respondent/Appellant.
	Appellants/Respondents' application for transfer from the Missouri Court of Appeals, No. WD56869 consolidated with WD56900, denied.

SC82925	Blue Cross and Blue Shield of Kansas City, Inc., A Missouri Nonprofit Corporation, et al., Appellants, vs. Jeremiah W. (Jay) Nixon, Attorney General of State of Missouri, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD56493, denied.

SC82927	Kansas City, Respondent, vs. Raymond Streeter, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57273, denied.

SC82928	Christopher K. Proffit, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57029, denied.

SC82929	State of Missouri, Respondent, vs. Takyto R. Campbell, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57324, denied.

SC82930	State of Missouri, Respondent, vs. John Hamby, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75728, denied.

SC82932	State of Missouri, Respondent, vs. Kim Reese, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77584, denied.

SC82933	State of Missouri, Respondent, vs. Steven Sprester, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23292, denied.

SC82934	James Tatro, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57494, denied.

SC82935	Morgan Publications, Inc., et al., Appellants, vs. Squire Publishers, Inc., et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD55571, denied.

SC82936	State of Missouri, Respondent, vs. Bruce A. Thompson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57127, denied.

SC82937	Terry L. Guess, Appellant, vs. Nelson G. Escobar, M.D., et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57148, denied.

SC82938	William J. Condit, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD56464, denied.

SC82939	State of Missouri, Respondent, vs. Boone Retirement Center, Inc., and Patrick D. Rackers, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, Nos. WD56396 and WD56409, denied. Covington and Benton, JJ., not participating.

SC82940	Laurie (Woods) Stowe, Respondent, vs. Donald Ray Spence, Jr., et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD23210, sustained and cause ordered transferred.

SC82941	Anne C. Thill, Appellant, vs. Ronald E. Thill, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD57151, denied. Covington, J., not participating.

SC82942	P.M. Construction Services, Inc., Respondent, vs. Sandra E. Lewis, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD56857, denied.

SC82943	Nadene A. and Walter Wemott, Appellants, vs. Solvin W. Tonkens, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD57397, denied.

SC82944	The Empire District Electric Company, Appellant, vs. Lois M. Gaar, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23242, denied.

SC82945	State of Missouri, Respondent, vs. Loren Flint, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD56657, denied.

SC82947	Anthony Winfield, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75865, denied.

SC82948	Sara Jane (Mabry) Buckman, Respondent, vs. Robert Eskew Mabry, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75457, denied.

SC82950	State of Missouri, Respondent, vs. Lewis Davis, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED75953, denied.

SC82955	Jurisprudence Wireless Communications, Inc., d/b/a JWC Cellular, Appellant, vs. Cybertel Corporation, d/b/a Ameritech Cellular Services and Mark Eckhout, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76314, denied.

SC82956	Saundra McClanhan, Appellant, vs. Global Security Service, Co., Inc., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED76883, denied.

SC82958	Thomas Moran, Appellant, vs. Wayman Smith, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77020, denied.

SC82959	Whelan Security Company, Inc., Appellant, vs. R. Andrew Allen, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED77525, denied.

SC82960	City of Portage Des Sioux, Respondent, vs. Paul Morton, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75819, denied.

SC82961	In the Interest of A.D.R., a child under seventeen years of age. Sandy Hammers, Deputy Juvenile Officer of Greene County, Respondent, vs. R.R., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23229, denied.

SC82964	James Hall, Appellant, vs. NationsBank, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76429, denied.

SC82965	Sophia Green, Appellant, vs. Richard Green, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED75746, denied.

SC82966	Donald Eugene Gardner, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23113, denied.

SC82969	Robert L. Curry, Claimant, vs. Ozarks Electric Corporation and Continental Western Insurance Company, Appellants, and Cox Health Systems, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD23368, sustained and cause ordered transferred.

SC82869	William Daniel, Appellant, vs. Dora Schriro, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57389, denied.

SC82973	Larry A. Lumley, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23571, denied.

SC82975	Tony Vann, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23203, denied.

SC82976	Robert J. Burkholder, Deceased, by his Personal Representative, Larry Burkholder, Respondent, vs. Edward G. Burkholder, Appellant. and Edward G. Burkholder, Appellant, vs. William L. Burkholder, Individually, and as Personal Representative of the Estate of Robert J. Burkholder, Robert J. Burkholder, Jr., et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. SD22942, sustained and cause ordered transferred.

SC82980	Ethel Stephenson, Respondent, vs. Raskas Dairy, Inc., Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED76698, denied.

SC82982	Valerie Hunt and Michael Hunt, Sr., Respondents, vs. Capitol Indemnity Corporation, Appellant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED76658, denied.

SC82983	Little Portion Franciscan Sisters, Inc., et al., Appellants, vs. Doug Boatright, in his Capacity as Mayor of the City of Republic, Missouri, et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. SD23296, denied.

SC82984	State of Missouri, Respondent, vs. Ronald L. Wiles, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23132, denied.

SC82986	Sidney Lanier, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76745, denied.

SC82987	L.C. Development Company, Inc., vs. Lincoln County, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77468, denied.

SC82988	State Farm Mutual Automobile Insurance Company and State Farm Fire & Casualty Company, Respondents, vs. Michael J. Esswein and Glennetta Esswein, Respondents, and Chrysler Insurance Company, Appellant.
	Respondent Michael Esswein's application for transfer from the Missouri Court of Appeals, No. ED72990, sustained and cause ordered transferred.

SC82992	Robert A. Ridgway and Bonita M. Ridgway, his wife, Appellants, vs. TTnT Development Corp., et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. SD23136, denied.

SC82993	State of Missouri, Respondent, vs. Shawna J. Clark, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23111, denied.

SC83000	Roberta L. Carmons, Appellant, vs. State of Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD57241, denied.

SC83001	In the Interest of C.N.W. and K.S.W., minor children, C.W.B., Appellant, vs. Susan LaFata and Missouri Division of Family Services, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75741, denied.

SC83002	Carolena Van Den Berk, Appellant, vs. Missouri Commission on Human Rights, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76175, denied.

SC83003	State of Missouri, Respondent, vs. Lawrence Robinson, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED76848, denied.

SC83004	Dennis Cunningham, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76651, denied.

SC83005	Lawrence D. Spidle, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57369, denied.

SC83006	Edward L. and Sharon Lindley, Appellants, vs. Midwest Pulmonary Consultants, P.C., and Michael E. Nelson, M.D., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD57742, denied.

SC83008	City of Jackson, Missouri, Respondent, vs. Randolph C. Farrar and Mary C. Farrar, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED75920, denied.

SC83009	State of Missouri, Respondent, vs. Larry D. Bradshaw, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57630, denied.

SC82991	Legal Communications Corporation, Appellant, vs. St. Louis County Printing and Publishing Company, Inc., d/b/a St. Louis Legals, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED77450, denied. Respondent's alternative motion of petitioner-respondent to consolidate Eastern District Court of Appeals cause 77450 with this Court's appeal numbered 82736 overruled.

SC83010	City of Park Hills, Missouri, Appellant, vs. Public Service Commission of the State of Missouri, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57491, denied.

SC83012	Boone County, Missouri, et al., Appellants, vs. County Employees' Retirement Fund, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD57420, denied.

SC83013	State of Missouri, Respondent, vs. Michael Hardge, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57495, denied.

SC83014	State of Missouri ex rel. Riverside Pipeline Company, L.P., and Mid-Kansas Partnership, Appellants, vs. Public Service Commission of the State of Missouri and Midwest Gas Users Associations, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD57560, denied. Price, C.J., not participating.

SC83015	Randy D. Boyles, Respondent, vs. USA Rebar Placement, Inc., and Hartford Insurance Company, Appellants.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD57730, denied.

SC83016	Catherine C. Aliff and James B. Aliff, Appellants, vs. David L. Cody, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD57373, denied. Holstein, J., not participating.

SC83017	Darrell E. Hickson, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57680, denied.

SC83018	William O. Dunson, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57601, denied.

SC83019	Vincent Wilson, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57410, denied.

SC83021	Steven B. Beal, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57305, denied.

SC83022	Richard L. Larrabee, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57843, denied.

SC83023	Gerard V. Myles, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57962, denied.

SC83024	Kenneth Boyd, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, Nos. WD57428 and WD57429, denied.

SC83025	State of Missouri, Respondent, vs. Timothy E. Dowdy, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57594, denied.

SC83026	State of Missouri, Respondent, vs. Luke Hudspeth, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57214, denied.

SC83027	State of Missouri, Respondent, vs. Kerriem O. Wilson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD56305, denied.

SC83028	State of Missouri, Respondent, vs. Michael E. Hunt, Jr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57633, denied.

SC83029	Sidney O. Cantrell, Appellant, vs. State Board of Registration for the Healing Arts, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57509, denied.

SC83030	Platte County Regional Sewer District, Respondent, vs. Platte Purchase, a/k/a Platte Purchase Land Limited Partnership, a Missouri Limited Partnership, Appellant, and Donna Nash, Platte County Collector, Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD56776, denied.

SC83031	State of Missouri ex rel. Jimmy Maloney, d/b/a Maloney's Heating and Air Conditioning, Appellant, vs. The Honorable Nelson G. Allen, Chief Administrative Law Judge, Division of Workers' Compensation, Department of Labor and Industrial Relations, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57512, denied.

SC83034	State of Missouri, Respondent, vs. Brandon N. Juarez, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD55980, denied.

SC83035	Glenn R. Vaughn, Respondent, vs. Willard Schnurbusch, d/b/a Schnurbusch Land Services, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23051, denied. Holstein, J., not participating.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC82926	State ex rel. Gregory W. Breedon, Petitioner, vs. The Honorable Patricia S. Joyce, Respondent.
	Petition for writ of prohibition denied without prejudice pursuant to Rule 84.22 (a).

SC82957	State ex rel. Mark Muschany and Todd Muschany, Relators, vs. The Honorable Ellsworth Cundiff, Respondent.
	Petition for writ of prohibition sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC82962	State ex rel. Alan Londe, M.D., Relator, The Honorable Michael B. Calvin, Presiding Judge, 22nd Judicial Circuit, Respondent.
	Petition for writ of mandamus denied.

SC82963	State ex rel. Dallas Delay, Petitioner, vs. Nineteenth Judicial Circuit, et al., Respondents.
	Petition for writ of habeas corpus denied.

SC82978	State ex rel. Cedric Conley, Petitioner, vs. Larry Rowley, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC82981	State ex rel. James W. Chambers, Petitioner, vs. Allen D. Luebbers, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's pro se petition for extension of time to file traverse and motions overruled as moot.

SC82904	State ex rel. Glenn Barnett, Petitioner, vs. Gene Stubblefield, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC82906	State ex rel. Sylvester Young, Petitioner, vs. Gene Stubblefield, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC82951	State ex rel. William Downs, Petitioner, vs. The Honorable Frank Conley, Judge, Circuit Court of Boone County, Respondent.
	Petition for writ of mandamus denied.

SC82990	State ex rel. Daniel F. Gillard, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 91.02.

SC82994	State ex rel. Allstate Insurance Company, Relator, vs. The Honorable Michael B. Calvin, Respondent.
	Petition for writ of prohibition denied.

SC82995	State ex rel. Lance Spencer, Petitioner, vs. Dora Schriro, Director, Missouri Department of Corrections, and Steve Moore, Superintendent, Western Missouri Correctional Center, Respondents.
	Petition for writ of habeas corpus denied.

SC82997	State ex rel. Leroy Nash, Petitioner, vs. Larry Rowley, Superintendent, Northeast Correctional Center, Respondent.
	Petition for writ of habeas corpus denied.

SC82998	State ex rel. Shirley J. Jackson, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of habeas corpus denied.

SC82974	State ex rel. James R. Ross, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of habeas corpus denied.

MOTIONS
SC68156	State of Missouri, Respondent, vs. Stanley Lingar, Appellant.
	Appellant's motion to recall the mandate overruled.

SC81666	State of Missouri, Respondent, vs. Cecil Barriner, Appellant.
	Appellant's motion for stay of execution pending examination, evaluation and consideration of the procedures and methods utilized by the Court in conducting the proportionality review required by Section 565.035 in the event the Court does not grant Appellant relief on appeal overruled.

SC70699	Mose Young, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion to recall the mandate, vacate the sentence and redocket the cause for rehearing on appeal overruled.

SC82996	State of Missouri, Respondent, vs. Jerry Dwayne Brumbaugh, Appellant.
	Appellant's motions for actions to expedite case overruled.

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