Supreme Court of Missouri
en banc

April 23, 2002

OPINION BY WOLFF, J.
SC84060	State of Missouri, Appellant, vs. James E. Bratina, Respondent.
	REVERSED AND REMANDED. Limbaugh, C.J., White, Benton, Stith and Price, JJ., and Newton, Sp.J., concur. Teitelman, J., not participating.

OPINION BY PRICE, J.
SC83505	Dyno Nobel, Inc., Appellant, vs. Director of Revenue, Respondent.
	AFFIRMED IN PART; REVERSED IN PART; REMANDED. Limbaugh, C.J., White, Wolff, Benton and Stith, JJ., and Ahrens, Sp.J., concur. Teitelman, J., not participating.

PER CURIAM
SC83941	State ex rel. Jeremiah W. (Jay) Nixon, Attorney General, Relator, vs. The Honorable Ralph Jaynes, Circuit Judge, Randolph County, and Norma Prange, Circuit Clerk, Randolph County, Respondents.
	RECORD QUASHED. Limbaugh, C.J., White, Wolff, Benton, Stith and Price, JJ., and Shrum, Sp.J., concur. Teitelman, J., not participating.

MOTIONS FOR REHEARING
SC83179	Herbert Smulls, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for rehearing overruled. Teitelman, J., not participating.

SC83485	State of Missouri, Respondent, vs. Andre Cole, Appellant.
	Appellant's motion for rehearing overruled. Execution set for July 26, 2002. Teitelman, J., not participating.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC84308	State of Missouri, Respondent, vs. Stephen Hill, Appellant, and Stephen Hill, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD18753-2 consolidated with SD20394-2, denied.

SC84309	State of Missouri, ex rel. Jeremiah W. (Jay) Nixon, Attorney General, Respondent, vs. Dan Jewell, Appellant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED78055, denied. White and Teitelman, JJ., not participating.

SC84315	State of Missouri, Respondent, vs. Patrice Seibert, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23729, sustained and cause ordered transferred.

SC84322	Carlos Greathouse, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59518, sustained and cause ordered transferred.

SC84323	State of Missouri, Respondent, vs. Michael Dixon, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58749, denied.

SC84324	State of Missouri, Respondent, vs. John S. Dorsey, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59399, denied.

SC84325	Teri Ann Daniels, a/k/a Teri Ann Daniell, Respondent, vs. State of Missouri, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD59867, denied.

SC84329	James A. Powell, Appellant, vs. Mel Carnahan, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59438, denied.

SC84330	Robert Evans, a/k/a Henry Lewis, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59390, denied.

SC84332	State of Missouri, Respondent, vs. Donnie R. Bolden, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59541, denied.

SC84333	State of Missouri, Respondent, vs. Watts W. Williams, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59287, denied.

SC84334	State of Missouri, Respondent, vs. David A. Todd, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD58855, denied.

SC84335	State of Missouri, Respondent, vs. Jacqueline S. Byrd, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59319, denied.

SC84336	Missouri Soybean Association, et al., Appellants, vs. The Missouri Clean Water Commission, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD59650, sustained and cause ordered transferred. Price, J., not participating.

SC84337	State of Missouri, Respondent, vs. Jerome Bates, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD59307, denied.

SC84338	State of Missouri, ex rel. Jackson County Prosecuting Attorney, Relator, vs. The Honorable Kelly Moorhouse, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD59632, denied.

SC84339	Sonoma Management Company, Inc., Appellant, vs. Elmer L. Boessen, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD59457, denied.

SC84343	Odis Jones, Respondent, vs. Trans World Airlines, Inc., Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD59432, denied.

SC84344	State 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 Ameren Corporation and Union Electric Company, d/b/a AmerenUE's application for transfer from the Missouri Court of Appeals, No. WD59196 (consolidated with WD59197), sustained and cause ordered transferred. Appellants Atmos Energy Corporation, et al.'s application for transfer from the Missouri Court of Appeals, No. WD59196 (consolidated with WD59197), sustained and cause ordered transferred.

SC84345	Charles H. and Joyce Criswell, Appellants, vs. John C. W. Short, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD23936, denied.

SC84350	State of Missouri, Respondent, vs. Samuel C. Jones, Sr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD24206, denied.

SC84355	Monty Pruett, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED78536, denied. Teitelman, J., not participating.

SC84356	Frederick Boyer, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED78988, denied. Teitelman, J., not participating.

SC84358	Patrick Leroy Goff, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD24340, denied.

SC84360	Jason R. Gardner, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79484, denied. Teitelman, J., not participating.

SC84361	David Kammeier, Respondent, vs. A.R. Fleming Printing Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79457, denied. Teitelman, J., not participating.

SC84362	Angela Piskorski, et al., Appellants, vs. Rolando Larice, Defendant, and Buster T's Grill & Pub, Inc., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED79696, denied. Teitelman, J., not participating.

SC84363	Matthew Scott, et al., Respondents, vs. SSM Healthcare St. Louis, et al., Appellants.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79240, denied. Teitelman, J., not participating.

SC84364	State of Missouri, Respondent, vs. Johnnie L. Thomas, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED78744, denied. Teitelman, J., not participating.

SC84365	State of Missouri, Respondent, vs. Larry E. Mahoney, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD24156, denied.

SC84367	Normandy School District, Respondent, vs. City of Pasadena Hills, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED79422, denied. Teitelman, J., not participating.

SC84368	Suzanne Keeney, Appellant, vs. Missouri Highways and Transportation Commission, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD24249, denied.

SC84370	State of Missouri, Respondent, vs. Michael W. Thomas, Jr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79149, denied. Teitelman, J., not participating.

SC84373	Joseph Schaeffer, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79537, denied. Teitelman, J., not participating.

SC84377	State of Missouri, Respondent, vs. Alejandro Franco-Amador, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD59506, sustained and cause ordered transferred.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC84300	State ex rel. Ira V. Souders Jr., Petitioner, vs. Larry Rowley, Respondent.
	Petition for writ of habeas corpus denied.

SC84303	State ex rel. Union Pacific Railroad Company, Relator, vs. The Honorable Michael P. David, Judge, Twenty-Second Judicial Circuit, Respondent.
	Petition for writ of prohibition denied.

SC84305	State ex rel. State Farm Mutual Automobile Insurance Company, Relator, vs. The Honorable Margaret Neill, Judge, Division 1, 22nd Judicial Circuit, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days. Teitelman, J., not participating.

SC84306	State ex rel. Rebecca Bierman, Thomas Chida and United Behavioral Health, Inc., Relators, vs. The Honorable Margaret M. Neill, Judge, Division 1, Circuit Court of City of St. Louis, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days. Teitelman, J., not participating.

SC84312	State ex rel. Sharon Cathey, Relator, vs. The Honorable Colleen Dolan, Judge of the Missouri Circuit Court for the 21st Judicial Circuit, Respondent.
	Petition for writ of prohibition denied. Teitelman, J., not participating.

SC84313	State ex rel. James Douglas Johnson, Relator, vs. The Honorable Colleen Dolan, Judge of the Missouri Circuit Court for the 21st Judicial Circuit, Respondent.
	Petition for writ of prohibition denied. Teitelman, J., not participating.

SC84314	State ex rel. Jerry Harper, a/k/a Johnny Wilson, Petitioner, vs. The Honorable Julian Bush, Respondent.
	Petition for writ of prohibition denied.

SC84293	State ex rel. Robert Young, Petitioner, vs. Mike Kemna, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC84320	State ex rel. S.C. Management, Inc. and Kenneth Stone, M.D., Relators, vs. The Honorable Margaret M. Neill, Judge of the Missouri Circuit Court, 22nd Judicial Circuit, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days. Teitelman, J., not participating.

SC84321	State ex rel. Johnathan D. McDaniel and Frederick L. Saunders, Relators, vs. The Honorable Margaret M. Neill, Judge, Division 1, Circuit Court of the City of St. Louis, or any Judge of the Circuit Court of the City of St. Louis sitting in vacation of the Honorable Margaret M. Neill, Respondent.
	Petition for writ of prohibition, or in the alternative, petition for writ of mandamus denied. Teitelman, J., not participating.

SC84341	State ex rel. Missouri Department of Economic Development, Division of Motor Carrier and Railroad Safety, Relator, vs. The Honorable J.D. Williamson, Judge, 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.

SC84342	State ex rel. Division of Motor Carrier and Railroad Safety, Relator, vs. The Honorable David W. Russell, Judge, Circuit Court of Clay County, Missouri, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC84346	State ex rel. Wetherill Associates, Inc., Relator, vs. The Honorable John R. O'Malley, Judge, Circuit Court of Jackson County, Missouri, Division No. 6, Respondent.
	Petition for writ of prohibition denied. Relator's motion to strike "respondent's suggestions in opposition to petition for writ of prohibition of Wetherill Associates, Inc." for misrepresentation of facts of the Court overruled.

SC84348	State ex rel. Arco Towers & Contracting, Inc., and Scott Arender, Relators, vs. The Honorable Margaret M. Neill, Presiding Judge, Twenty-Second Judicial Circuit, Respondent.
	Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days. Teitelman, J., not participating.

SC84292	State ex rel. Elvis Young, Petitioner, vs. Dave Dormire, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC84357	State ex rel. GuideOne Mutual Insurance Company, Relator, vs. The Honorable Don E. Burrell, Respondent.
	Petition for writ of prohibition denied. Relator's motion for leave to file verified supplement to petition for writ of prohibition overruled. Respondent's motion to strike Moss' affidavit overruled as moot.

SC84319	State ex rel. Edward K. Shigemura, Petitioner, vs. Dave Dormire, et al., Respondents.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22.

SC84372	State ex rel. Cindy Kertz, Relator, vs. The Honorable Margaret M. Neill, Respondent.
	Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC84378	State ex rel. Archester C. Borders II, Petitioner, vs. State of Missouri, et al., Respondents.
	Petition for remedial writ denied.

MOTIONS
SC84301	State of Missouri, ex inf. Jeremiah W. (Jay) Nixon, Attorney General of Missouri, Appellant, vs. Cole County Circuit Judges Byron L. Kinder and Thomas J. Brown, III, Respondents.
	Appellant's motion for leave to file application for transfer (prior to opinion) out of time sustained. Price, J., not participating.

SC84310	State of Missouri, Respondent, vs. James E. Haldiman, Appellant.
	Appellant's motion concerning bond overruled.

SC83615	Walter Barton, Appellant, vs. State of Missouri, Respondent.
	Respondent's motion to strike appellant's exhibits 1, 2, 16 and 40 ordered taken with the case.

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