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Minutes of August 27, 2002


Supreme Court of Missouri
en banc

August 27, 2002

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OPINION BY WOLFF, J.
SC83745State of Missouri, Respondent, vs. Kenneth Baumruk, Appellant.
REVERSED AND REMANDED. White, Stith and Teitelman, JJ., concur; Benton, J., dissents in separate opinion filed; Limbaugh, C.J., and Price, J., concur in opinion of Benton, J.


OPINION BY BENTON, J.
SC83822Randall B. Knese, Appellant, vs. State of Missouri, Respondent.
AFFIRMED IN PART; REVERSED IN PART; REMANDED. All concur.


OPINION BY TEITELMAN, J.
SC83661State of Missouri, Respondent, vs. Kenneth Thompson, Appellant.
REVERSED AND REMANDED. All concur.


OPINION BY TEITELMAN, J.
SC84149Edward L. Wilkes, Appellant, vs. State of Missouri, Respondent.
AFFIRMED IN PART; REVERSED IN PART; REMANDED. Limbaugh, C.J., Wolff, Benton, Stith and Price, JJ., and Dowd, Sp.J., concur. White, J., not participating.




MOTIONS FOR REHEARING
SC83909John J. Middleton, Appellant, vs. State of Missouri, Respondent.
Appellant's motion for rehearing overruled. White, J., not participating.

SC83307Richard Blakely and Carol Blakely, Respondents, vs. Dean Blakely and Shelly Blakely, Appellants.
Appellants' motion for rehearing overruled. Opinion modified on Court's own motion. Price and Teitelman, JJ., not participating.

SC83459Rufus James Ervin, Appellant, vs. State of Missouri, Respondent.
Appellant's motion for rehearing overruled. Teitelman, J., not participating.

SC84219State of Missouri, Respondent, vs. Bassam A. Saffaf, Appellant.
Appellant's motion for rehearing overruled. White and Teitelman, JJ., not participating.

SC84046Joel Bianco Kawasaki Plus, et al., Respondents, vs. Meramec Valley Bank, Appellant.
Appellant's motion for rehearing overruled. Teitelman, J., not participating.

SC84117Kansas City Power and Light Company, Respondent, vs. Director of Revenue, Appellant.
Appellant's motion for rehearing overruled. Opinion modified on Court's own motion.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC84531D.A.D., Respondent, vs. J.B.D., Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79357, denied.

SC84540State of Missouri, Respondent, vs. Kenneth E. Shaw, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59831, denied.

SC84541State of Missouri, Appellant, vs. Benjamin Thomas Honeycutt, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60010, sustained and cause ordered transferred.

SC84542Bush Construction Machinery, Inc., Appellant, vs. Kansas City Factory Outlets, L.L.C., et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60217, denied.

SC84543Margaret Jaccard Richardson, Appellant, vs. QuikTrip Corporation, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD58884, denied.

SC84544State of Missouri, Respondent, vs. Thomas L. Wahl, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79631, sustained and cause ordered transferred.


SC84545State of Missouri, Respondent, vs. Suzanne M. Wahl, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79634, sustained and cause ordered transferred.

SC84546State of Missouri, Respondent, vs. Keith Parker, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED77813, denied.

SC84547State of Missouri, Respondent, vs. Michael Box, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79685, denied.

SC84548State of Missouri, Respondent, vs. Kenneth Vrons, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED77950, denied.

SC84549State of Missouri, Respondent, vs. Dayna M. Hendrix, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, Nos. WD59338 and WD59378, denied.

SC84550State of Missouri, Respondent, vs. Lacrista Neel, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD58944, denied.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD58944, denied.


SC84551Gloria Joseph, Superintendent, Western Missouri Mental Health Center, Appellant, vs. Joan Dishman, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60230, denied.

SC84552State of Missouri, Respondent, vs. Thomas R. Anthony, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59243, denied.

SC84553Joshua David Smith, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59404, denied.

SC84554State of Missouri, Respondent, vs. Michael D. Kidd, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58179, denied.

SC84555Randy Elliott (a/k/a Randy Elliot), Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59810, denied.

SC84556State of Missouri, Respondent, vs. Beau D. Bradshaw, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD57922, denied.


SC84557AAA Uniform and Linen Supply, Inc., Respondent, vs. Barefoot, Inc., Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD59668, denied.

SC84558Lisa Zych, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79487, denied.

SC84559Mary L. Shucart, Respondent, vs. Thomas M. Shucart, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79056, denied.

SC84560Missouri Consolidated Health Care Plan, Appellant/Cross-Respondent, vs. Community Health Plan, Respondent/Cross-Appellant.
Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, No. WD59012 (consolidated with WD59076), denied. Wolff, J., not participating.

SC84561Missouri Union of Law Enforcement Local No. 57, et al., Appellants, vs. City of Hazelwood, et al., Respondents.
Appellants' application for transfer from the Missouri Court of Appeals, No. ED80002, denied.

SC84562State of Missouri, Division of Child Support Enforcement, Respondent, Shelia J. Clark, Defendant, vs. Ray A. Pettaway, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59938, denied.

SC84565William G. Jones and Shelbia Jones, Appellants, vs. Kirchner Block & Brick, Inc., Respondent.
Appellants' application for transfer from the Missouri Court of Appeals, No. ED80128, denied.

SC84566State of Missouri, Respondent, vs. Kathleen N. Lubbers, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED79766, denied.

SC84568McCarthy Building Companies, f/k/a McCarthy Brothers Company, and Interface Construction Corporation, Appellants, vs. City of St. Louis, Missouri, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED79794, denied.

SC84571Herbert Bowens, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79110, denied.

SC84574Mary M. "Pat" Laubinger, Respondent, vs. Dwayne C. Laubinger, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60715, denied.


SC84575Kenneth Howard, Appellant/Cross-Respondent, vs. T. French Youngman and Beverly A. Youngman, Respondents/Cross-Appellants, Patricia J. Waelter, Respondent, Coldwell Banker Ira E. Berry, Inc., Respondent, and David Goings, Respondent/Cross-Appellant, vs. Gordon A. Gundaker Real Estate Co., Inc., Cross-Respondent, Gordon A. Gundaker and Marilyn B. Doorack, Third-Party Defendants.
Respondents Coldwell Banker Ira E. Berry, Inc., and Patricia J. Waelter's application for transfer from the Missouri Court of Appeals, Nos. ED79283, ED79302, ED79303 and ED79710, denied.

Respondent/Cross-Appellant David Goings' application for transfer from the Missouri Court of Appeals, Nos. ED79283, ED79302, ED79303 and ED79710, denied.

Respondents/Cross-Appellants T. French Youngman and Beverly A. Youngman's application for transfer from the Missouri Court of Appeals, Nos. ED79283, ED79302, ED79303 and ED79710, denied.

SC84577Celeste Marianne Wilson (Whitney), Appellant, vs. Michael Dean Whitney, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, Nos. SD23901, SD24014 and SD24288 (consolidated), denied.

SC84584State of Missouri, Respondent, vs. Rodney Johnson, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. SD24496, denied.

SC84599David L. Bennett, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD24538, sustained and cause ordered transferred.


SC84603Dennis Van Wey, Appellant, vs. Dyno Nobel, Inc., Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. SD24397, denied.

SC84605In re the Marriage of Stephen W. Holden and Juanita Holden.
Stephen W. Holden, Appellant/Cross-Respondent, vs. Juanita Holden, Respondent/Cross-Appellant.
Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, Nos. SD24016 and SD24030 (consolidated), denied. Limbaugh, C.J., not participating.

SC84606Andrey Davis, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59994, denied.

SC84607State of Missouri ex rel. John R. Gaydos, Bishop of the Diocese of Jefferson City, Father Jerry Kaimann, and Sister Ann Marie Bonvie, Relators, vs. Channing D. Blaeuer, Special Judge, Circuit Court of Howard County, Missouri, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD60120, denied. Limbaugh, C.J., not participating.

Relators' application for transfer from the Missouri Court of Appeals, No. WD60120, denied. Limbaugh, C.J., not participating.

SC84609Jason Ivy, Appellant, vs. State of Missouri, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD59494, denied.


SC84615State of Missouri, Respondent, vs. Eugene Leathers, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59546, denied.

SC84616State of Missouri, Respondent, vs. Charles H. Allen, IV, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59970, denied.

SC84621State of Missouri, Respondent, vs. Gerald M. Elam, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59349, sustained and cause ordered transferred.

SC84623State of Missouri, Respondent, vs. Timothy Anderson, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79172, denied.

SC84624Cheryl Thruston, Fern Ward and Luana Gifford, Appellants, vs. Jefferson City School District, Respondent.
Appellants' application for transfer from the Missouri Court of Appeals, No. WD60172, sustained and cause ordered transferred. White, Benton and Price, JJ., not participating.

SC84625State of Missouri, Respondent, vs. Richard H. Kerns, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59999, denied.


SC84626Larry Keyser, et al., Respondents, vs. Genevieve W. Keyser, Respondent, Hollis Foley, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59894, denied. Stith, J., not participating.

SC84628State of Missouri, Appellant, vs. Tamera L. Smith, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. SD24456, denied.

SC84629James Harris, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59897, denied.

SC84630Jerry J. Owens, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59893, denied.

SC84631State of Missouri, Respondent, vs. Theodore W. White, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD58462, denied.

SC84632State of Missouri, Respondent, vs. Mary Bass, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59447, denied.

SC84633State of Missouri, Respondent, vs. Vernon Golatt, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59828, denied.
SC84634State of Missouri, Respondent, vs. Jai T. Scott, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59977, denied.

SC84635Kenneth Cook, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60208, denied.

SC84636Wendell Maynard, Appellant, vs. State of Missouri, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD58122, sustained and cause ordered transferred.

SC84638Jennifer Dimmitt, Appellant, vs. Progressive Casualty Insurance Company, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD58782, sustained and cause ordered transferred.

SC84639Blue Cross and Blue Shield of Missouri, a Missouri nonprofit corporation, Appellant-Respondent, vs. Jeremiah W. (Jay) Nixon, in his official capacity as the Attorney General of the State of Missouri, et al., Respondents, Anthony J. Sarkis, Jr., Respondent-Appellant, and James Hacking, Individually and as Representatives of a class of Subscribers of Blue Cross and Blue Shield of Missouri and its affiliates, Plaintiff.
Respondent-Appellant's application for transfer from the Missouri Court of Appeals, No. WD59766 consolidated with WD59849, denied. Wolff, J., not participating.


SC84640Mabel Bishop, Teena McCarty, and Vicki Bishop, Respondents, vs. Brad Carper, Appellant.
Respondents' application for transfer from the Missouri Court of Appeals, No. WD59155, denied.

SC84641Paul D. Altenhofen, Respondent-Appellant, vs. Fabricor, Inc.; Barbara Summers and Kent Summers, Appellants-Respondents.
Appellants-Respondents' application for transfer from the Missouri Court of Appeals, No. WD58432 consolidated with WD58483, denied.

SC84642Timothy M. Finnical, Appellant-Respondent, vs. Marilyn D. Finnical, Respondent-Appellant.
Respondent-Appellant's application for transfer from the Missouri Court of Appeals, No. WD59611 (consolidated with WD59755), denied.

SC84644State of Missouri, Respondent, vs. Martin D. Trumbo, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59751, denied.

SC84645State of Missouri ex rel. Euclid Plaza Associates, L.L.C., Relator, vs. Honorable David C. Mason, Circuit Court Judge Presiding in Division No. 31 of the Circuit Court of the City of St. Louis, Missouri, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED80801, denied.

Respondent's motion for stay overruled.

SC84646State of Missouri, Respondent, vs. Harry Hall, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79814, denied.

SC84649Nancy Ann James, Respondent, vs. Charles Donn James, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD23647, denied.

SC84650Jerry & 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.
Appellants' application for transfer from the Missouri Court of Appeals, No. SD24524, sustained and cause ordered transferred.

SC84661Timothy M. Roberts, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD24534, denied.

SC84662Ryder TRS, Inc., and Frontier Pacific Insurance Company, Respondents, vs. Mariah Randazzo, a minor, and Nicole Randazzo, a minor, by and through their next friend, Gina Pearl, Jean Randazzo and James L. Baker, Appellants.
Appellants Mariah Randazzo and Nicole Randazzo, by and through their next friend, Gina Pearl and Jean Randazzo's application for transfer from the Missouri Court of Appeals, No. SD24447, denied.

SC84669State of Missouri, Respondent, vs. David Lathan, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79643, denied.

SC84670Bank of America, N.A., Conservator of the Estate of Samuel Jay Ramsey, Respondent, vs. Kevin L. Stevens, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD24061, denied.

SC84673Mingo Willoughby, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD24332, denied.

SC84674Concrete Company of the Ozarks, Appellant, vs. Russell L. Reeder, et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD24433, denied.

SC84677Donald Amick, Appellant, vs. Pattonville-Bridgeton Terrace Fire Protection District, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED80382, sustained and cause ordered transferred.

SC84680Seung Lee, Appellant, vs. Pulitzer Publishing Company, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79812, denied.

SC84681James Ward, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79874, denied.

SC84684Rita Lee Schweiss, Respondent, vs. John Edward Schweiss, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79880, denied.


SC84685In the Interest of: J.A.J., J.A.M.J., and S.J.J.
Donna Jennings, Appellant, vs. Missouri Division of Family Services, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED80313, denied.

SC84683Charles Harry, Petitioner, vs. Mike Kemna, Superintendent, Crossroads Correctional Center, Respondent.
Petitioner's application for transfer from the Missouri Court of Appeals, No. WD60576, denied.

SC84689State of Missouri, Respondent, vs. Dedric L. Rash, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79178, sustained and cause ordered transferred.

SC84690Todd A. Brown, Respondent, vs. Director of Revenue, State of Missouri, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. SD24362, sustained and cause ordered transferred.

SC84694Howard Skaggs, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED80460, denied.
SC84695State of Missouri, Respondent, vs. Nicklous D. Churchill, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59950, sustained and cause ordered transferred.



WRITS AND OTHER ORIGINAL PROCEEDINGS
SC84567State ex rel. Richard J. Todd, Petitioner, vs. The Honorable Terry R. Cundiff, and Doug Saulters, St. Charles County Sheriff, Respondents.
Petition for writ of habeas corpus denied.

Petitioner's motion to expedite writ of habeas corpus overruled.

SC84572State ex rel. Gary Lee Carpenter, Petitioner, vs. Ron Schmitz, et al., Respondents.
Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22(a).

Petitioner's motion to shorten time limitations overruled.

SC84525State ex rel. Dale R. Russell, Petitioner, vs. James Anthony Gammon, Respondent.
Petition for writ of habeas corpus denied.

SC84530State ex rel. Danny King, Petitioner, vs. Gene Stubblefield, Respondent.
Petition for writ of habeas corpus denied.

SC84579State ex rel. Shane Beggs, Petitioner, vs. Dave Dormire, Superintendent, Respondent.
Petition for writ of habeas corpus sustained. Writ of habeas corpus ordered to issue returnable to Court en Banc in fifteen days.


SC84587State ex rel. Robert L. Meier, Petitioner, vs. Gene Stubblefield, Respondent.
Petition for writ of habeas corpus sustained. Writ of habeas corpus ordered to issue returnable to Court en Banc in fifteen days.

Petitioner's motion requesting Court to deem all material facts submitted in habeas corpus petition admitted overruled.

SC84588State ex rel. Sandy L. DeHaan (Lombardo), Relator, vs. The Honorable Thomas M. Campbell, Judge, 17th Judicial Circuit, Cass County, Missouri, Respondent.
Petition for writ of prohibition denied.

SC84591State ex rel. Thomas J. Norsworthy, Petitioner, vs. Michael J. Murphy, Respondent.
Petition for writ of habeas corpus denied.

SC84524State ex rel. Graydon Clark, Petitioner, vs. Larry Rowley, Superintendent, Respondent.
Show cause ordered to issue returnable to Court en Banc in fifteen days.

SC84526State ex rel. Robert Young, Petitioner, vs. Honorable Clifford Ahrens, Judge, Respondent.
Petition for writ of certiorari denied.

Petitioner's motion for appointment of counsel overruled.

SC84602State ex rel. SSM Health Care St. Louis, Relator, vs. The Honorable Margaret M. Neill, Circuit Court Judge, 22nd Judicial Circuit, Respondent.
Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC84608State ex rel. Mark A. Christeson, Relator, vs. The Honorable David Darnold, Respondent.
Petition for writ of prohibition denied.

SC84595State ex rel. Kevin O. Smith Petitioner, vs. Larry Rowley, Respondent.
Petition for writ of habeas corpus denied.

SC84596State ex rel. Kevin O. Smith, Petitioner, vs. Larry Rowley, Respondent.
Show cause order to issue returnable to Court en Banc in fifteen days.

SC84610State ex rel. American Family Mutual Insurance Company, Relator, vs. The Honorable Thomas C. Clark and The Honorable Edith L. Messina, Judges of the Sixteenth Judicial Circuit, Respondents.
Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC84612State ex rel. Sam I. Uka, Petitioner, vs. State of Missouri, Respondent.
Petition for writ of habeas corpus denied without prejudice pursuant to Rule 91.02(a).

SC84598State ex rel. Adam R. Stover, Petitioner, vs. State of Missouri, Respondent.
Petition for writ of certiorari denied.

SC84614State ex rel. Daniel W. Foster, Petitioner, vs. Michael Kemna, Respondent.
Petition for writ of habeas corpus denied.

Petitioner's request for a preliminary writ overruled.

SC84618State of Missouri ex rel. Union Pacific Railroad Company, Relator, vs. The Honorable Michael P. David, Circuit Judge, Division 7, Twenty-Second Judicial Circuit, Respondent.
Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

Relator's motion for leave to file documents under seal sustained.

SC84619State of Missouri ex rel. Timothy E. Flavin, III, d/b/a Parkland Judicial Recovery, Relator, vs. The Honorable Troy K. Hyde, Judge of Washington County Circuit Court, Respondent.
Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC84622State of Missouri, ex rel. Lisa Proctor, Relator, vs. The Honorable Larry Bryson, Respondent.
Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC84590State ex rel. Ollie Williams, Petitioner, vs. Gene Stubblefield, Superintendent, Respondent.
Petition for writ of habeas corpus denied.

SC84653State ex rel. William G. Carter, Petitioner, vs. The Honorable Gary Dial, Respondent.
Petition for writ of habeas corpus denied without prejudice pursuant to Rules 84.22 and 91.02(a).


SC84597State ex rel. James Guice, Petitioner, vs. Honorable Bob Holden and Denis H. Agniel, Respondents.
Petition for writ of mandamus denied.

SC84656State ex rel. Joseph Amrine, Petitioner, vs. Al Luebbers, Superintendent, Potosi Correctional Center, Respondent.
Show cause ordered to issue returnable to Court en Banc in fifteen days.

SC84658State ex rel. Larry E. Box, Relator, vs. Court of Appeals, Southern District of Missouri, and Sandra L. Skinner, Clerk of the Court, Respondents.
Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC84659State ex rel. Kathleen Diehl, Relator, vs. The Honorable John R. O'Malley, Judge, Division 6, Circuit Court of Jackson County, Missouri, Respondent.
Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days. Price, J., not participating.

SC84613State ex rel. Joseph W. Walter III, Petitioner, vs. Kelly Lock, Respondent.
Petition for writ of habeas corpus denied without prejudice pursuant to Rule 91.02(a).

SC84667State ex rel. Springfield Underground, Inc., Relator, vs. The Honorable J. Miles Sweeney Respondent.
Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days. Price, J., not participating.


SC84668State ex rel. Robert Joos, Petitioner, vs. The Honorable John LePage, Respondent.
Petition for writ of prohibition denied.

SC84054In re: Stephen W. Taliaferro, Petitioner.
Petition for reinstatement denied. Limbaugh, C.J., not participating.

SC83421In re: Philip H. Schwarz, Petitioner.
Petition for reinstatement denied.

SC84672State ex rel. John C. Duvall, Relator, vs. The Honorable John J. Jackson, Associate Judge of Marion County, Missouri, Respondent.
Petition for writ of mandamus denied.

SC84654State ex rel. Nathan Young, Petitioner, vs. Larry Rowley, Superintendent, Respondent.
Petition for writ of habeas corpus denied without prejudice pursuant to Rule 91.02.

SC84679State ex rel. Jeremiah W. (Jay) Nixon, Attorney General and Carroll County Trust Company, Relators, vs. The Honorable John R. Hutcherson, Retired Circuit Judge, 8th Judicial Circuit, Ray County, Respondent.
Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC84686State ex rel. John Duncan, Petitioner, vs. James A. Gammon, Superintendent, Respondent.
Show cause order to issue returnable to Court en Banc in fifteen days.
SC84692State ex rel. Aldi Inc., Relator, vs. The Honorable Margaret M. Neill, Judge, Division I, Circuit Court of the City of St. Louis, Missouri, Respondent.
Petition for writ of prohibition or, in the alternative, for mandamus denied.



MOTIONS
SC84221State of Missouri, Respondent, vs. Melvin Leroy Tyler, Appellant.
Appellant's motion to rescind appointment overruled.

SC84570In re: Elmer C. Oberhellmann, Petitioner.
Petitioner's motion to waive taking of entire bar examination overruled.

Informant's motion to dismiss application, or in the alternative for a more definite statement overruled.

SC84508In re: John Kelly Crow, Respondent.
Respondent's motion to vacate order of disbarment or in the alternative motion to reconsider overruled.

SC84344State of Missouri ex rel. Atmos Energy Corporation, et al., Appellants, vs. Public Service Commission of the State of Missouri, et al., Respondents.
and
Ameren Corporation and Union Electric Company, d/b/a AmerenUE, Appellants, vs. Public Service Commission of the State of Missouri, et al., Respondents.
Appellants' motion to supplement record on appeal sustained.




Day - to - Day,


____________________________________
Stephen N. Limbaugh, Jr.
Chief Justice









The next regular conference of Court en Banc will be on September 24, 2002.

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