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Minutes of December 24, 2002

Supreme Court of Missouri
en banc

December 24, 2002

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OPINION BY LIMBAUGH, C.J.
SC84354State ex rel. Robin Hilburn, Respondent, vs. Sherry Staeden (Ladlee), Respondent, Jeremiah W. (Jay) Nixon, Attorney General, Intervenor-Appellant.
REVERSED AND REMANDED. All concur.


OPINION BY WHITE, J.
SC84342State ex rel. Division of Motor Carrier and Railroad Safety, Relator, vs. The Honorable David W. Russell, Judge, Circuit Court of Clay County, Missouri, Respondent.
WRIT MADE ABSOLUTE. All concur.


OPINION BY WOLFF, J.
SC84244John E. Winfield, Appellant, vs. State of Missouri, Respondent.
AFFIRMED. All concur.


OPINION BY BENTON, J.
SC84579State ex rel. Shane Beggs, Petitioner, vs. Dave Dormire, Superintendent, Respondent.
PEREMPTORY WRIT OF MANDAMUS ISSUED. All concur.


OPINION BY PRICE, J.
SC84168Southwestern Bell Yellow Pages, Inc., Respondent, vs. Director of Revenue, Appellant.
REVERSED AND REMANDED. Wolff, Benton and Stith, JJ., concur; Teitelman, J., dissents in separate opinion filed; Limbaugh, C.J., and White, J., concur in opinion of Teitelman, J.


OPINION BY TEITELMAN, J.
SC84518State of Missouri, Respondent, vs. Charles Lee Rutter, Appellant.
AFFIRMED. All concur.


PER CURIAM
SC84215Robert Clampitt, Appellant, vs. Jeremiah W. (Jay) Nixon and Missouri Department of Corrections, Respondents.
AFFIRMED. All concur.


PER CURIAM
SC84677Donald Amick, Appellant, vs. Pattonville-Bridgeton Terrace Fire Protection District, Respondent.
REVERSED AND REMANDED. All concur.


PER CURIAM
SC84924State ex rel. Missouri Department of Conservation, Relator, vs. Judges of the Circuit Court of Reynolds County, Missouri, Respondents.
PRELIMINARY WRIT MADE ABSOLUTE AS MODIFIED. All concur.




MOTIONS FOR REHEARING
SC84495State of Missouri, Respondent, vs. Charles E. Moore, Appellant.
Appellant's motion for rehearing overruled.

SC84290Ellen Keisker, et al., Appellants, and Trinity Universal Insurance Company, Respondent, vs. Beatrice Farmer, et al., Respondents.
Respondent Trinity Universal Insurance Company's motion for rehearing overruled. Teitelman, J., not participating.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC84854SD Investments, Inc., Respondent, vs. Michael-Paul, L.L.C., et al., Appellants.
Appellant Michael-Paul, L.L.C.'s application for transfer from the Missouri Court of Appeals, No. WD60255, denied.

SC84904Nicholas Mouse, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD24700, denied.

SC84905State of Missouri, Respondent, vs. Steven B. Turner, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59590, denied.

SC84907State of Missouri, Respondent, vs. Zachary A. Smith, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58814, denied.


SC84908Beth Bell and Robert Bell, Appellants-Respondents, vs. Felix N. Sabates, Sr., M.D., and Felix N. Sabates Eye Associates, P.C., Respondents-Appellants.
Respondents-Appellants' application for transfer from the Missouri Court of Appeals, Nos. WD59833 and WD59855, denied.

SC84909Dwane Allen Wills, II, Appellant-Respondent, vs. Julie Russene Wills (Whitlock), Respondent-Appellant, Doris Whitlock, Respondent.
Appellant-Respondent's application for transfer from the Missouri Court of Appeals, Nos. WD59604 and WD59648, denied.

SC84910Richard F. Brown, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60180, denied.

SC84911In the Interest of: J.A.B., Juvenile Officer, Respondent, vs. R.B. (Mother), Appellant, M.D. (Putative Father), et al., Defendants.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60962, denied.

SC84912Curtis Massood, Appellant, vs. Infinity Outdoor, Inc., f/k/a Outdoor Systems, Inc., Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60956, denied.

SC84913Premium Financing Specialists, Inc., Appellant, vs. Robert Hullin and Cory Kristie, Defendants, and Cougar Enterprises, Inc., Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD60708, denied.


SC84914Howard Bell, Appellant, vs. City of Kansas City, Missouri, and Pamela A. Crocker, Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60293, denied.

SC84919Valerie Collins, Appellant/Cross-Respondent, vs. William Hertenstein, Brian Keeney, and Troy Thomas, Respondents/Cross-Appellants.
Respondents/Cross-Appellants' application for transfer from the Missouri Court of Appeals, No. WD59562 (consolidated with WD59563 and WD59575), denied. Price, J., not participating.

SC84927Orion Security, Inc., Appellant, vs. Board of Police Commissioners of Kansas City, Missouri, et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD61195, denied. Price, J., not participating.

SC84930Mark Avery, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED80273, denied.

SC84931Brad J. Angelos, M.D., Respondent, vs. State Board of Registration for the Healing Arts, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. SD24491, denied.

SC84933Laura Landman, Respondent/Cross-Appellant, vs. Ice Cream Specialties, Inc. and Old Republic Insurance Company c/o Crawford & Company, Appellants/Cross-Respondents, and Second Injury Fund, Additional Party.
Appellants/Cross-Respondents' application for transfer from the Missouri Court of Appeals, No. ED80398, sustained and cause ordered transferred.

SC84936Janet Sue Mitchell and Roy G. Mitchell, Appellants, vs. Schnucks Markets, Inc., Respondent.
Appellants' application for transfer from the Missouri Court of Appeals, No. ED80265, sustained and cause ordered transferred.

SC84937St. Charles County, State of Missouri, Appellant, vs. Paul R. Wegman and Paulette Nesbit, as Trustees, Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED80319, denied.

SC84946Kessler-Heasley Artificial Limb Company, Inc., d/b/a Ozark Prosthetics, Appellant, vs. Michael Kenney and Kenney Fabrication, Inc., Respondents.
Respondents' application for transfer from the Missouri Court of Appeals, No. SD24201, denied.

SC84947In the Interest of L.O.H., a child under seventeen years of age.
C.M.A., Appellant, vs. State of Missouri, Greene County Juvenile Office, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD24852, denied.

SC84949Cindy Marie Thompson, Respondent, vs. Chase Manhattan Mortgage Corporation, and Citibank, N.A., Appellants, Advanta Mortgage Corp. USA, and Kozeny & McCubbin Trustee Co., L.C., Defendants.
Appellants' application for transfer from the Missouri Court of Appeals, No. SD24521, denied.


SC84950Sylvia Vaughan, Respondent, and Vicki Tharp, et al., Respondents, vs. United Fire & Casualty Company, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD24657, denied.

SC84951Service Vending Company, Respondent, vs. Wal-Mart Stores, Inc., Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. SD24501, denied. Benton, J., not participating.

SC84954In the Matter of: State of Missouri ex rel. St. John's Regional Medical Center, Relator, vs. The Honorable David C. Dally, Respondent.
Relator's application for transfer from the Missouri Court of Appeals, No. SD24771, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS
SC84918State ex rel. Kenneth J. Novak, Relator, vs. State of Missouri, The Honorable Drew W. Luten, Jr. and The Honorable Kenneth Romines, Judges, St. Louis County Circuit Court, Respondents.
Petition for writ of certiorari denied.

SC84915State ex rel. Dennis Bell, Relator, vs. Warren County Circuit Court, Respondent.
Petition for writ of prohibition denied.

SC84863State ex rel. Stephen Thorp, Petitioner, vs. Clerk, Missouri Court of Appeals, Eastern District, Respondent.
Petition for writ of mandamus denied.

SC84922State ex rel. Ronnie Gooden, Petitioner, vs. The Honorable Justine E. Del Muro, Judge, Respondent.
Petition for writ of mandamus denied.

SC84932State ex rel. Terry Hoeper and Insurtec, Inc., Relators, vs. The Honorable Randall Jackson, Respondent.
Petition for writ of prohibition denied.

SC84934State ex rel. Judith Wood, Petitioner, vs. James Washington, Superintendent, Chillicothe Correctional Center, Respondent.
Show cause order to issue returnable to Court en Banc in fifteen days.

SC84935State ex rel. Paccar Inc., Relator, vs. The Honorable Peggy S. McGraw, Judge, Circuit Court of Jackson County, Missouri, Division 8, Respondent.
Petition for writ of prohibition denied.

SC84897State ex rel. Lawrence Coleman, Petitioner, vs. Mike Kemna, Respondent.
Petition for writ of habeas corpus denied.

Petitioner's request for preliminary writ overruled.

Petitioner's request for evidentiary hearing overruled.

SC84898State ex rel. Michael A. Crabtree, Petitioner, vs. Larry Rowley, Respondent.
Petition for writ of habeas corpus denied.


SC84916State ex rel. Lawrence E. Veasley, Petitioner, vs. State of Missouri, Respondent.
Petition for discretionary/remedial writ denied without prejudice pursuant to Rules 84.22(a) and 91.02.

SC84920State ex rel. James H. Laney, Petitioner, vs. Larry Rowley, Respondent.
Petition for writ of habeas corpus denied without prejudice to re-filing after petitioner has served the initial thirty year sentence.

Petitioner's motion for appointment of counsel overruled as moot.



MOTIONS
SC84893State of Missouri, Respondent, vs. James E. Granberry, Appellant.
Appellant's motion for special order of appellate court permitting late filing of notice of appeal overruled.

SC84883State of Missouri, Respondent, vs. Mark Sprinkle, Appellant.
Appellant's motion for bond reduction overruled.

SC61528State of Missouri, Respondent, vs. Kevin Strickland, Appellant.
Appellant's motion to recall the mandate overruled.



Day - to - Day,


____________________________________
Stephen N. Limbaugh, Jr.
Chief Justice






The next regular conference of Court en Banc will be on January 28, 2003.

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