Supreme Court of Missouri
en banc

December 6, 2011

OPINION BY RUSSELL, J.
SC91173 and SC91182 and SC91214 and SC91429	State of Missouri, Respondent, vs. Howard D. Johnson, Appellant. (consolidated with) State of Missouri, Appellant, vs. Andrea M. Hicks, Respondent. (consolidated with) State of Missouri, Appellant, vs. Dustin Tom Kingsley, Respondent. (consolidated with) State of Missouri, Appellant, vs. Heather Sue Kingsley, Respondent.
	SC91173, Howard D. Johnson: AFFIRMED; SC91182, Andrea M. Hicks; SC92214, Dustin Tom Kingsley; and SC91249, Heather Sue Kingsley: REVERSED AND REMANDED. Teitelman, C.J., Breckenridge, Fischer, Stith and Price, JJ., and Sherry, Sp.J., concur. Draper, J., not participating.

OPINION BY FISCHER, J.
SC91613	Lester F. Krupp, Jr., Appellant, vs. State of Missouri, Respondent.
	VACATED AND REMANDED WITH DIRECTIONS. Teitelman, C.J., Russell, Breckenridge, Stith and Price, JJ., and Martin, Sp.J., concur. Draper, J., not participating.

OPINION BY FISCHER, J.
SC91695	Willie E. Cooper, Appellant, vs. State of Missouri, Respondent.
	VACATED AND REMANDED WITH DIRECTIONS. Teitelman, C.J., Russell, Breckenridge, Stith and Price, JJ., and Martin, Sp.J., concur. Draper, J., not participating.

MOTIONS FOR REHEARING
SC91497	In re: Lisa Dawn Coatney, Respondent.
	Respondent's motion for rehearing overruled. Draper, J., not participating.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC91807	State of Missouri ex rel. Chris Koster, Attorney General, Appellant, vs. Professional Debt Management, LLC, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95270, denied. Draper, J., not participating.

SC91808	State of Missouri ex rel. Chris Koster, Attorney General, Appellant, vs. Portfolio Recovery Associates, LLC, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95271, denied. Draper, J., not participating.

SC91875	Cynthia Magnuson, Kevin Magnuson, and Milly Magnuson, Respondents, vs. Robert Ramage, et al., Defendants, American Home Assurance Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94644, denied. Draper, J., not participating.

SC91948	State of Missouri, Respondent, vs. David Bryan Miller, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD71175, sustained and cause ordered transferred.

SC92011	Joann Leah Bryant, Respondent/Cross-Appellant, vs. Robert Julius Bryant, Appellant/Cross-Respondent.
	Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, No. ED94773, denied. Draper, J., not participating.

SC92014	Carol J. Long, Respondent, vs. Shelter Insurance Companies, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73037, denied.

SC92049	Bradley A. Norman, Appellant, vs. Richard C. Lehman, M.D., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED95661, denied. Draper, J., not participating.

SC92030	Theodore Mitchell, Appellant, vs. Jay Nixon, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73321, denied.

SC92061	Heather Leeper n/k/a Heather Haiar, and Hillary Woods, Respondents, vs. Scorpio Supply IV, LLC, d/b/a NAPA Auto Parts of Joplin, Scorpio Supply III, LLC, d/b/a NAPA Auto Parts of Monett, and James Entrikin, Defendants, and Alvin Briscoe, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD29686, denied.

SC92068	Native Wholesale, Inc., Appellant, vs. Linda Baska and Division of Employment Security, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, Nos. WD73129, WD73130, WD73131 and WD73132, denied.

SC92069	Forsyth Financial Group, LLC, Assignee of First National Bank of Omaha (Visa/Mastercard), Respondent, vs. Nick Hayes, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72785, denied.

SC92070	Richard A. Ryan and Loreta J. Ryan, Appellants-Respondents, vs. Block & Company, Inc., Respondent-Appellant, Stephen Crawford, I-29 LLC, First American Title Insurance Company, Wayne and Connie Lemon, and James and Janeen Burnham, Respondents.
	Respondent-Appellant's application for transfer from the Missouri Court of Appeals, No. WD72402 (consolidated with WD72411), denied.

SC92075	Kevin Behrman, Appellant, vs. Marcus Amer and Marcus Amer d/b/a Jack's Auto Sales, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72404, denied.

SC92076	In the Interest of: D.D.C., Plaintiff, N.J.A. and A.R.A., Respondents, vs. D.C. (Natural Father), Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73294, denied.

SC92077	James R. Reppy, Appellant, vs. Gary Winters, et al., Respondent.
	Respondent Gary Winters' application for transfer from the Missouri Court of Appeals, No. WD72923 (consolidated with WD73017), denied.

SC92078	Kevin J. Kirkpatrick and Kathy Elizabeth Kirkpatrick, Appellants, vs. William C. Huff and Margaret Jan Huff, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD72244, denied.

SC92079	Marilyn J. Henry, Respondent, vs. Missouri Department of Mental Health, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72667, denied.

SC92081	State of Missouri, Respondent, vs. Billy Jack Hatfield, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD72468, denied.

SC92082	State of Missouri, Respondent, vs. Andrew J. Ostdiek, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72397 consolidated with WD72398 and WD72399, denied.

SC92022	Christopher Frasure, Appellant, vs. Lisa S. Morris, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73232, denied.

SC92086	Hubbell Mechanical Supply Co., Appellant, vs. James A. Lindley and Division of Employment Security, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30994, denied.

SC92092	J.W., Appellant, vs. E.S., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94921, denied. Draper, J., not participating.

SC92106	Brian C. Bellon, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95685, denied. Draper, J., not participating.

SC92107	Omari Jones, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95175, denied. Draper, J., not participating.

SC92109	In the Matter of T.M.S., a child under seventeen years of age; H.M.H. and Lawrence County Juvenile Office, Respondents, vs. V.A.S., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31089, denied.

SC92112	Thurman Shelton, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95506, denied. Draper, J., not participating.

SC92088	Cynthia S. Riggins and Thomas K. Riggins, Appellants, vs. City of Kansas City, Missouri, and Loretto Redevelopment Corporation, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD72764, denied.

SC92115	Beverly H. Conrad, Individually and on behalf of others similarly situated as Plaintiff/Class Representative, Appellant, vs. Waffle House, Inc., Respondent, and Shirley Enterprise, Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30867, denied.

SC92116	Terry Hornbeck, Appellant, vs. Spectra Painting, Inc., Respondent, and Treasurer of the State of Missouri Second Injury Fund, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95680, sustained and cause ordered transferred. Draper, J., not participating.

SC92118	State of Missouri, Respondent, vs. Eric J. Gray, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95537, denied. Draper, J., not participating.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC92028	State ex rel. Michael Dunham, Relator, vs. The Honorable I.I. (Ike) Lamke, Respondent.
	Petition for writ of mandamus denied. Draper, J., not participating.

SC92058	State ex rel. Randy K. Belcher, Relator, vs. The Honorable George Lombardi, Director, Missouri Department of Corrections, and Gaye Lynn Fife, Respondents.
	Petition for writ of mandamus denied.

SC92066	State ex rel. Robert Montgomery, Petitioner, vs. United States of America, Respondent.
	Petition for writ of mandamus denied.

SC92071	State ex rel. Anthony Woods, Petitioner, vs. The Honorable John Garvey, Respondent.
	Petition for writ of mandamus denied.

SC92084	State ex rel. Farmers Insurance Company, Inc., Relator, vs. The Honorable Dan Imhof, Respondent.
	Petition for writ of prohibition, or in the alternative, mandamus denied.

SC92090	State ex rel. Dwayne Caldwell, Petitioner, vs. The Honorable John Garvey and State of Missouri, Respondents.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 91.02(a).

SC92095	State ex rel. Tiffany Sutton, on behalf of William and Emerick Randolph, Minor Children, Petitioner, vs. The Honorable Michael Burton and the Honorable Kristine Kerr, Respondents.
	Petition for writ of habeas corpus denied. Draper, J., not participating.

SC92096	State ex rel. John Tuckness, Relator, vs. Missouri Court of Appeals, Southern District, Respondent.
	Petition for writ of mandamus and/or prohibition and/or for declaratory judgment denied.

SC92083	State ex rel. Kenyatta Williams, Petitioner, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied.

MOTIONS
SC92072	American Eagle Waste Industries, LLC, et al., Respondents, vs. St. Louis County, Missouri, Appellant.
	Respondents' motion to transfer overruled.

SC90285	Charles W. Rentschler, et al., Appellants, vs. Jeremiah Nixon, et al., Respondents.
	Appellants' motion to recall the mandate overruled.

SC90418	James Laney, Appellant, vs. Jeremiah W. (Jay) Nixon, Respondent.
	Appellant's motion to recall the mandate overruled.

Day - to - Day,

____________________________________
Mary R. Russell
Acting Chief Justice

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