Supreme Court of Missouri
en banc

May 31, 2005

OPINION BY WHITE, C.J.
SC86412	State ex rel. Diana Golden, Relator, vs. The Honorable William C. Crawford, Respondent.
	WRIT QUASHED. All concur.

OPINION BY WOLFF, J.
SC86236	In re: The Matter of Scott Dyer
	REVERSED. All concur.

OPINION BY WOLFF, J.
SC86363	Utility Service and Maintenance, Inc., and TIG Insurance Company, Respondents, vs. Noranda Aluminum, Inc., and Zurich Insurance Company, Appellants.
	REVERSED. White, C.J., Stith, Price, Teitelman and Limbaugh, JJ., and Quigless, Sp.J., concur. Russell, J., not participating.

OPINION BY STITH, J.
SC85783	Michael Shane Worthington, Appellant, vs. State of Missouri, Respondent.
	AFFIRMED. All concur.

OPINION BY PRICE, J.
SC86229	State of Missouri ex rel. BP Products North America Inc., Relator, vs. The Honorable John A. Ross, Respondent.
	WRIT MADE ABSOLUTE IN PART AND QUASHED IN PART. All concur.

OPINION BY RUSSELL, J.
SC86476	Sangamon Associates, Ltd., et al., Appellants, vs. The Carpenter 1985 Family Partnership, Ltd., et al., Respondents.
	AFFIRMED IN PART; REVERSED IN PART; REMANDED. White, C.J., Wolff, Price, Teitelman and Limbaugh, JJ., and Calvin, Sp.J., concur. Stith, J., not participating.

PER CURIAM
SC86603	City of St. Joseph, Missouri, Appellant, vs. Village of Country Club, Missouri, Respondent.
	AFFIRMED. All concur.

MOTIONS FOR REHEARING
SC86083	State of Missouri, Respondent, vs. Jeremy D. Pike, Appellant.
	Appellant's motion for rehearing overruled.

SC86022	Scanwell Freight Express STL, Inc., Respondent, vs. Stevie Chan and Dimerco Express (U.S.A.) Corp., Appellants.
	Respondent's motion for rehearing overruled. Russell, J., not participating.

SC85948	State of Missouri, Respondent, vs. Michael Hancock, Appellant.
	Appellant's motion for rehearing overruled.

SC86086	Cooper County, Missouri, A Body Politic and Corporate, By and Through Its Governing Body, The County Commission of Cooper County, Missouri, Respondent, vs. Circuit Court of the 18th Judicial Circuit of Missouri, Donald Barnes, Presiding Circuit Judge, Appellant.
	Appellant's motion for rehearing overruled.

SC86190	State of Missouri, Respondent, vs. James Beine, Appellant.
	Respondent's motion for rehearing overruled. Opinion modified on the Court's own motion. Russell, J., not participating.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC86673	Independence-National Education Association, et al., Appellants, vs. Independence School District, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD63697, denied.

SC86731	Roy George, Respondent, vs. City of St. Louis, Appellant, and Treasurer of the State of Missouri, Custodian of the Second Injury Fund, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84730, denied.

SC86734	Truck Insurance Exchange, Appellant, vs. Prairie Framing, LLC, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61786, denied.

SC86735	Stephen M. Johnson, Appellant, vs. GMAC Mortgage Corporation, et al., Defendants, GMAC Bank, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD63822, denied. Russell, J., not participating.

SC86736	State of Missouri, Respondent, vs. Antonio Elmore, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63545, denied.

SC86737	Dale Dobbins, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63007, sustained and cause ordered transferred.

SC86739	Michael E. Coyle, Respondent, vs. Director of Revenue, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63399, sustained and cause ordered transferred.

SC86740	Systematic Business Services, Inc., a Missouri corporation, et al., Respondents, vs. Sean Bratten, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63777, denied.

SC86741	Furlong Companies, Inc., Respondent, vs. The City of Kansas City, Missouri, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD63248, sustained and cause ordered transferred.

SC86742	Kennedy F. Jones d/b/a Shiloh Ridge Apartments, Appellant, The Missouri Press Association, Amicus Curiae, vs. Jackson County Circuit Court and Teresa York, Court Administrator, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61414, denied.

SC86743	Timber Creek Sewer Company, Appellant, vs. Norman Bradley Babcock, Trustee under the Norman Bradley Babcock Declaration of Trust, Respondent, Donna Nash, Collector of Revenue of Platte County, Missouri, Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63514, denied.

SC86744	Brian D. Angell, Appellant, vs. Missouri Highway & Transportation Commission, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62672, denied.

SC86746	Aimco, Inc., Respondent, vs. Tawana Jean Cooper, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84328, denied.

SC86747	Amron W. Jackson, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD64212, denied.

SC86748	State of Missouri, Respondent, vs. Dwayne Miller, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83858, denied.

SC86750	In re: Castlepoint Law Enforcement District of St. Louis County
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85423, denied.

SC86753	Weldon Richard, Appellant, vs. Missouri Department of Corrections and Missouri Department of Natural Resources, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63832, denied.

SC86754	State of Missouri ex rel. Emmett Williams, et al., Relators, vs. The Honorable William Lohmar, Judge, Circuit Court, St. Charles County, Division 1, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED85700, denied.

SC86758	David J. Gonzalez and Marcia Gonzalez, Appellants, vs. Tenet Health System DI, Inc., Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED83888, denied.

SC86759	State of Missouri, Respondent, vs. Nicholas Mouse, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD22132, denied.

SC86767	Lonnie D. Snelling, Appellant, vs. State of Missouri, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85322, denied.

SC86776	Manu Patel, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84479, denied.

SC86777	Lloyd E. Tabor, III, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26143, denied.

SC86781	Steve Ritchie and Anita Ritchie, Appellants, vs. Kelly Goodman, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD26429, denied.

SC86782	State ex rel. Thomas Diehl, Relator, vs. The Honorable John F. Kintz, Judge of the Circuit Court of St. Louis County, Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED84905, denied.

SC86783	Carolyn R. Hollowood, Appellant, vs. St. Luke's Episcopal-Presbyterian Hospitals, Inc., et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83747, denied.

SC86784	Ecclesiastes Matthews, Appellant, vs. State of Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED84656, sustained and cause ordered transferred.

SC86787	Vickie Jennings and Virgil Jennings, Appellants, vs. St. Anthony's Hospital and Sue Moore, M.D., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED84518, denied.

SC86789	In the Interest of C.L.W., V.W., H.W., S.L.W., T.J.W., A.W.W., and M.C.W., Minors S.W., Appellant, vs. Greene County Juvenile Office, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26224, denied.

SC86799	State of Missouri, Respondent, vs. Christopher Prosser, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85096, denied.

SC86800	Federal Insurance Company, Respondent, vs. Gulf Insurance Company, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED84501, denied.

SC86801	Patrice Johnson, as a personal representative of George Bolden, et al., Appellants, vs. BFI Waste Systems of North America, Inc., and Jimmy Bergner, Respondents, and City of St. Louis, Defendant.
	Appellants Patrice Johnson and Willie Victory's application for transfer from the Missouri Court of Appeals, No. ED84343, denied.

SC86802	State of Missouri, Respondent, vs. John W. Vandevere, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD26386, sustained and cause ordered transferred.

SC86803	State of Missouri, Respondent, vs. Clifton Clyde Reed, Jr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25895, sustained and cause ordered transferred.

SC86805	Deborah Anselmo, et al., Respondent, vs. Josephine and Andrew Guasto, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED84297, denied.

SC86806	Chastity Vega, Respondent, vs. Shelter Mutual Insurance Company, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD64135, denied.

SC86807	Greg H. Hoelting and Stephanie Hoelting, Appellants, vs. City of Weldon Spring, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED84409, denied.

SC86809	In the Matter of the Care and Treatment of Joseph M. Johnson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26023, denied.

SC86810	Claudette Taylor, Respondent, vs. St. John's Regional Health Center, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26233, denied.

SC86814	Theodis Brown, Appellant, vs. Metro North Fire Protection District, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85420, denied.

SC86815	Theodis Brown, Appellant, vs. Metro North Fire Protection District, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85422, denied.

SC86816	In re: Castlepoint Fire Protection District
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85424, denied.

SC86818	Robert L. Clark, Jr., Respondent, vs. Wilda J. (Clark) Taylor, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26485, denied.

SC86732	Robert N. Olds, Appellant, vs. Missouri Board of Probation and Parole, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63336, denied.

SC86833	In the Interest of: A.J.L.H., Minor.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85370, denied.

SC86834	State of Missouri, Respondent, vs. Gregory S. Barlow, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62681, denied.

SC86838	Gary Stuart Bond, Appellant, vs. Linda Lou Bond, Respondent, Bond Brothers Distributors, Inc.; Stuart Bond and Andrew Bond, Defendants.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62541, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC86566	State ex rel. Terry Webster, Relator, vs. Al Luebbers, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC86645	State ex rel. Eldon K. Bugg, Relator, vs. The Honorable Ellen S. Roper, Respondent.
	Petition for writ of mandamus sustained. Alternative writ ordered issue returnable to Court en Banc within thirty days.

SC86666	State ex rel. Lamar Johnson, Petitioner, vs. Chuck Dwyer, Respondent.
	Petition for writ of habeas corpus denied.

SC86712	State ex rel. AMOCO Oil Company, now known as BP Products North America Inc., Relator, vs. The Honorable John J. Riley, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered issue returnable to Court en Banc within thirty days.

SC86728	State ex rel. Edward D. Jones & Co., L.P., and EDJ Holding Company, Inc., Relators, vs. The Honorable Michael P. David, Respondent.
	Petition for writ of prohibition, or in the alternative, petition for writ of mandamus denied. Russell, J., not participating.

SC86729	State ex rel. Sovereign Bank, et al., Relators, vs. The Honorable James E. Welsh, Respondent.
	Petition for writ of prohibition denied.

SC86730	State ex rel. Union Pacific Railroad Company, Relator, vs. The Honorable John J. Riley, Respondent.
	Petition for writ of prohibition denied. Relator's emergency motion to shorten time or to dispense with time limits overruled as moot.

SC86733	State ex rel. Sherry Lee, Relator, vs. The Honorable Kelly W. Parker, Respondent.
	Petition for writ of prohibition denied.

SC86745	State ex rel. Residential Funding Corporation, et al., Relators, vs. The Honorable James E. Welsh, Respondent.
	Petition for writ of prohibition denied.

SC86757	State ex rel. Scott Iverson, Relator, vs. The Honorable John J. Riley, Respondent.
	Petition for writ of prohibition denied.

SC86751	State ex rel. Ronald E. Hayes, Petitioner, vs. Jim Moore, Superintendent, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel for the purpose of prosecuting the pending writ of habeas corpus now before the Court overruled as moot.

SC86795	State ex rel. Ghemelle Thomas El, Petitioner, vs. State of Missouri and Matt Blunt, Governor, Respondents.
	Petition for writ of habeas corpus denied.

SC86766	State ex rel. Keith S. Young, Petitioner, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of a special master/counsel overruled as moot. Petitioner's motion for appointment of a commissioner overruled as moot. Petitioner's request for an evidentiary hearing overruled as moot. Petitioner's request/motion for protective order overruled as moot.

SC86764	State ex rel. Bobby L. Smith, Petitioner, vs. James Purkett, Respondent.
	Petition for writ of habeas corpus denied.

SC86804	State ex rel. Players Club at St. Louis, Relator, vs. The Honorable Carroll M. Blackwell, Respondent.
	Petition for writ of prohibition, alternative petition for writ of mandamus denied.

SC86808	State ex rel. Christian Hospital Northeast-Northwest and Nancy Lubowitz, Relators, vs. The Honorable Margaret M. Neill and The Honorable John J. Riley, Respondents.
	Petition for writ of mandamus and/or prohibition denied.

SC86824	State ex rel. Abdul Ayat Mohammed Bey, a/k/a Ronald B. Britt-Bey, Petitioner, vs. The Honorable Michael Murphy, Associate Judge, Jennifer M. Joyce, Circuit Attorney, and Philippa Barrett, Assistant Circuit Attorney, Respondents.
	Petition for writ of habeas corpus denied.

SC86825	State ex rel. Montez Bostic, Petitioner, vs. The Honorable Robert H. Dierker, Respondent.
	Petition for writ of mandamus denied.

SC86826	State ex rel. Jerry Quinn Davis, Petitioner, vs. The Missouri Attorney General, et al., Respondents.
	Petition for writ of certiorari denied without prejudice pursuant to Rule 84.22(a).

SC86827	State ex rel. David G. Baugh, Petitioner, vs. James A. (Tony) Gammon, Respondent.
	Petition for writ of habeas corpus denied.

MOTIONS
SC77365	State of Missouri, Respondent, vs. Michael Taylor, Appellant.
	Appellant's motion to recall the mandate overruled.

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