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Minutes of November 22, 2005


Supreme Court of Missouri
en banc

November 22, 2005

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OPINION BY STITH, J.
SC86739Michael E. Coyle, Respondent, vs. Director of Revenue, Appellant.
REVERSED AND REMANDED. All concur.





OPINION BY PRICE, J.
SC86519Six Flags Theme Parks, Inc., Respondent, vs. Director of Revenue, Appellant.
AFFIRMED. Teitelman, Russell and White, JJ., concur; Limbaugh, J., concurs in separate opinion filed; Stith, J., dissents in separate opinion filed; Wolff,
C.J., concurs in opinion of Stith, J.





OPINION BY LIMBAUGH, J.
SC86716Theodore J. Hoffman and Deborah L. Hoffman, Appellants, vs. Union Electric Company, d/b/a AmerenUE, Respondent.
AFFIRMED. Wolff, C.J., Stith, Price and Russell, JJ., concur; White, J.,
dissents in separate opinion filed; Teitelman, J., concurs in opinion of White, J.








OPINION BY WHITE, J.
SC86358State of Missouri, Respondent, vs. David S. Zink, Appellant.
AFFIRMED. All concur.





OPINION BY WHITE, J.
SC86594Melissa Elaine Pirisky, Appellant, vs. Adrian Dennis Meyer, Respondent.
AFFIRMED. Wolff, C.J., Stith, Price, Teitelman and Russell, JJ., and
Blackmar, Sr.J., concur. Limbaugh, J., not participating.





PER CURIAM
SC86287Lance Scott, Appellant/Cross-Respondent, vs. Blue Springs Ford Sales, Inc., Respondent/Cross-Appellant, and Robert C. Balderston, Respondent.
TRANSFER TO COURT OF APPEALS. Wolff, C.J., Stith, Price, Limbaugh and Russell, JJ., concur; Teitelman, J., concurs in separate opinion filed; White,
J., concurs in opinion of Teitelman, J.







MOTIONS FOR REHEARING
SC86784Ecclesiastes Matthews, Appellant, vs. State of Missouri, Respondent.
Appellant's motion for rehearing overruled.



SC86802State of Missouri, Respondent, vs. John W. Vandevere, Appellant.
Appellant's motion for rehearing overruled.



SC85980Walter T. Storey, Appellant, vs. State of Missouri, Respondent.
Appellant's motion for rehearing, to appoint new appellate counsel, and to order rebriefing and reargument overruled.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC87090Steven M. Spier, Appellant, vs. State of Missouri, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED85136, denied.



SC87113Betty Crow, et al., Appellants, vs. Kansas City Power & Light Company, et al., Defendants, Crico of Ethans II, et al., Respondents.
Appellants' application for transfer from the Missouri Court of Appeals, No. WD64229, denied.



SC87106Cristina Lynn Stover, Respondent, vs. Adam Richard Stover, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD26942, denied.






SC87171Kennedy Jones, Respondent, vs. The Housing Authority of Kansas City, Missouri, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD64200, denied.



SC87173Marcus Monroe Smith, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD64047, denied.



SC87174Board of Education of the School District of Springfield, R-12 and Greene County, Missouri, Respondents, vs. City of Springfield, Missouri, Appellant.
Respondent Board of Education of the School District of Springfield, R-12's application for transfer from the Missouri Court of Appeals, No. SD26453, denied.



SC87175Margaret Lane, et al., Appellants, vs. Non-Teacher School Employee Retirement System of Missouri and Potosi R-III School District, Respondents.
Respondent Potosi R-III School District's application for transfer from the Missouri Court of Appeals, No. WD64121, denied.



SC87176Shuchun Beasley, Appellant, vs. William W. Beasley, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD64308, denied.



SC87177Sherri Morgan, Appellant, vs. Kevin L. McBee, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD64297, denied.



SC87178State of Missouri ex rel. Dan White, Clay County Prosecutor, Relator, vs. The Honorable Elizabeth Davis, Judge of Division 5 of the Circuit Court of Clay County, Missouri, Respondent.
Relator's application for transfer from the Missouri Court of Appeals, No. WD64791, denied.



SC87179Teresa Johnson, Appellant, vs. Missouri Department of Health and Senior Services, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD64231, denied.



SC87180State of Missouri, Respondent, vs. James Roger Davis, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD63669, denied.



SC87190Mark Custer, Respondent, vs. Hartford Insurance Company, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD62874, denied.



SC87191State of Missouri, Respondent, vs. Perry F. Davenport, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. SD26238, denied.



SC87206James Hensel and Lori Hensel, Appellants, vs. American Air Network, Inc., et al., Respondents.
Appellants' application for transfer from the Missouri Court of Appeals, No. ED85686, sustained and cause ordered transferred.



SC87209State of Missouri, Respondent, vs. Leonard L. Rosenboom, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED84865, denied.



SC87214State of Missouri, Respondent, vs. Charles L. Sanchez, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD26461, sustained and cause ordered transferred.



SC87223Christy Beth Baldwin, Petitioner, vs. David Lane Baldwin, Respondent, State of Missouri, Department of Social Services, Family Support Division, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. SD26685, denied.





SC87229Douglas Weidner, D.P.M., and Suzanne Weidner, Appellants, vs. Sharon M. Anderson, D.P.M., Respondent.
Appellants' application for transfer from the Missouri Court of Appeals, No. SD26763 & SD26854, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS
SC87170State ex rel. Johnson County Park & Recreation District and Pete Malone, Relators, vs. The Honorable W. Stephen Nixon, Respondent.
Petition for writ of prohibition denied.



SC87140State ex rel. Ulysses S. James, Petitioner, vs. James A. Gammon, Superintendent, Respondent.
Petition for writ of habeas corpus denied.



SC87195State ex rel. Robert Edmond Ives, et al., Relators, vs. The Honorable James R. Bickel, Respondent.
Petition for writ of prohibition and mandamus denied.



SC87201State ex rel. Richard A. Moore, Relator, vs. The Honorable Thomas L. Ray, Respondent.
Petition for writ of prohibition denied.






SC87202State ex rel. Daniel J. Grosso, III, Relator, vs. The Honorable Dennis A. Rolf, Respondent.
Petition for writ of mandamus denied.



SC87161State ex rel. Arvin J. Garrett, Petitioner, vs. State of Missouri, Respondent.
Petition for writ of declaratory judgment denied without prejudice pursuant to Rules 91.02 and 84.22(a).



SC87203State ex rel. Gayle Vincent, et al., Relators, vs. The Honorable Nancy Schneider, Respondent.
Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc within thirty days.



SC87219State ex rel. Michael A. Clark, Petitioner, vs. James Purkett, Superintendent, Respondent.
Petition for writ of habeas corpus denied.

Petitioner's motion for a full and fair evidentiary hearing overruled as moot.

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




SC87221State ex rel. James G. Strickland, Petitioner, vs. Larry Denney, Acting Superintendent, Respondent.
Petition for writ of habeas corpus denied.

SC87222State ex rel. Brian Curtis, Relator, vs. State of Missouri and The Honorable Michael Burton, Respondents.
Petition for writ of mandamus denied.



SC87231State ex rel. Cordell & Cordell, P.C., Relator, vs. The Honorable Justine E. Del Muro, Respondent.
Petition for writ of prohibition denied.



SC87259State ex rel. Donald D. Carpenter, Jr., Petitioner, vs. Mike Strong, Buchanan County Sheriff, Respondent.
Petition for writ of habeas corpus denied.



MOTIONS
SC86095Marcellus Williams, Appellant, vs. State of Missouri, Respondent.
Appellant's motion to recall the mandate overruled.






Day - to - Day,



____________________________________
William Ray Price, Jr., Acting Chief Justice

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