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Minutes of October 22, 2002


Supreme Court of Missouri
en banc

October 22, 2002

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PER CURIAM
SC84082State ex rel. Adrian Kinder, Relator, vs. The Honorable Maura B. McShane, Judge, Circuit Court of St. Louis County, Missouri, Respondent.
PRELIMINARY ORDER QUASHED. Limbaugh, C.J., Wolff, Benton, Stith, Price and Teitelman, JJ., and Lowenstein, Sp.J., concur. White, J., not participating.


PER CURIAM
SC84636Wendell Maynard, Appellant, vs. State of Missouri, Respondent.
AFFIRMED. All concur.





MOTIONS FOR REHEARING
SC83745State of Missouri, Respondent, vs. Kenneth Baumruk, Appellant.
Respondent's motion for rehearing overruled. Modified dissent by Benton, J., filed.

SC83661State of Missouri, Respondent, vs. Kenneth H. Thompson, Appellant.
Appellant's motion for rehearing overruled.

SC83822Randall Knese, Appellant, vs. State of Missouri, Respondent.
Respondent's motion for rehearing overruled. Opinion modified on Court's own motion.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC84627Gary F. Edwards, D.C., Appellant, vs. Missouri State Board of Chiropractic Examiners, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD59868, denied.

SC84706Sheryl L. Wyreck-Haake, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59803, sustained and cause ordered transferred.

SC84752S.L.J., Respondent, vs. R.J., Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79107, denied.


SC84778David Randall Wyatt, Appellant, vs. Jill Marie Wyatt, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79930, denied.

SC84781State of Missouri ex rel. Kirk Branum and Joy Branum, Respondents, vs. Board of Zoning Adjustment of the City of Kansas City, Missouri, et al., Appellants.
Respondents' application for transfer from the Missouri Court of Appeals, No. WD60717, denied.

SC84782City of Overland, Respondent, vs. Lyle Wade, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED80257, denied.

SC84785Dean Realty Company, Respondent, vs. City of Kansas City, Missouri, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60554, denied.

SC84786Jerry Stewart, Appellant, vs. Williams Communications, Inc., Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60332, denied.

SC84788State of Missouri, Respondent, vs. Donald Kerns, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. SD24458, denied.


SC84789State of Missouri, Department of Social Services, Division of Medical Services, Appellant, vs. Donald Lee Brundage, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60535, denied.

SC84790Charles Mertzlufft, Appellant, vs. The Civil Service Commission of the City of St. Louis and the City of St. Louis, Missouri, Respondents.
Respondents' application for transfer from the Missouri Court of Appeals, No. ED80060, denied.

SC84791City of Washington, Missouri, Appellant, vs. Daniel Barnhart, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED80229, sustained and cause ordered transferred.

SC84787James G. Barnes, Appellant, vs. Missouri Department of Corrections and Missouri Board of Probation and Parole, Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60602, denied.

SC84794Kevin P. Krueger, et al., Appellants, vs. Pulitzer, Inc., et al., Respondents.
Appellants' application for transfer from the Missouri Court of Appeals, No. ED80242, denied.

SC84796Joseph Stone, Individually and as Personal Representative of the Estate of Lucy Stone and Next Friend of Joshua Stone, Appellants, vs. Jonathan Bortz, M.D.,
et al., Respondents.
Appellants' application for transfer from the Missouri Court of Appeals, No. ED80100, denied.


SC84801Martha Ann Bell and Monica Elite Egson, Respondents, vs. Lafont Auto Sales and Pat Lafont, Appellants.
Appellants' application for transfer from the Missouri Court of Appeals, No. ED79762, denied.

SC84808Shawn D. Francis, Respondent, vs. Director of Revenue, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED79655, denied.

SC84810Margaret T. Patton, Appellant, vs. Joseph M. Tuley, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79664, denied.

SC84822Liston King, et al., Appellants, vs. Morgan County R-II School District, et al., Respondents.
Appellants' application for transfer from the Missouri Court of Appeals, No. SD25023, denied.

SC84823Carlton C. Green, et al., Appellants, vs. Lebanon R-III School District, et al., Respondents.
Appellants' application for transfer from the Missouri Court of Appeals, No. SD25025, denied.

SC84825Interim Holdings, L.L.C., Appellant, vs. Floyd C. Warmann and Argosy Gaming Company, Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, Nos. ED79116 and ED79731, denied.


SC84826State of Missouri, Respondent, vs. Garland Williams, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED79411, denied.

SC84827Jack Lampert, Respondent, vs. State Farm Fire and Casualty Company, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED80350, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS
SC84596State ex rel. Kevin O. Smith, Petitioner, vs. Larry Rowley, Respondent.
Petition for writ of habeas corpus denied.

SC84686State ex rel. John Duncan, Petitioner, vs. James A. Gammon, Superintendent, Respondent.
Petition for writ of habeas corpus denied.

SC84688State ex rel. The Proctor and Gamble Paper Products Company, Relator, vs. The Honorable David Dolan, Circuit Judge, Respondent.
Petition for writ of prohibition denied. Limbaugh, C.J., not participating.

SC84755State ex rel. Missouri Department of Social Services, Division of Child Support Enforcement, Relator, vs. The Honorable Stephen R. Sharp, Judge, Circuit Court of Dunklin County, Missouri, Division 1, Respondent.
Petition for writ of prohibition denied.


SC84784State ex rel. Meredith Long, Relator, vs. The Honorable Jon R. Gray, Judge, Division 18, 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. Price, J., not participating.

SC84760State ex rel. Roy Taylor, Petitioner, vs. The Honorable Lawrence E. Mooney and Laura L. Schwab, Respondents.
Petition for writ of mandamus denied.

Respondents' motion to dismiss petition for writ of mandamus as moot overruled.

SC84795State ex rel. Farmer's Mutual Insurance Company of Cole Camp, Inc., Relator, vs. The Honorable John W. "Bill" Sims, Respondent.
Petition for writ of prohibition denied.

SC84799State ex rel. Rodney Harney, Relator, vs. The Honorable J. Michael Brown, Respondent.
Petition for writ of prohibition denied.

SC84800State ex rel. Timothy E. Flavin, III, Relator, vs. The Honorable James H. Kelly, Judge of St. Francois County Circuit Court, Respondent.
Petition for writ of mandamus denied.

SC84804State ex rel. Michael Lee Swain, Petitioner, vs. Mike Kemna, Respondent.
Petition for writ of habeas corpus denied.

Petitioner's motion requesting this Court to liberally construe petition for writ of habeas corpus under MO.S.CT Rule 91 and any other pleadings that may be filed in this proceeding overruled.

SC84757State ex rel. Gordon G. Goldsby, Petitioner, vs. Larry Rowley, Respondent.
Petition for writ of habeas corpus denied.

SC84758State ex rel. Edwin L. Jackson, Petitioner, vs. Dave Dormire and Jeremiah W. (Jay) Nixon, Attorney General, Respondents.
Petition for writ of certiorari denied without prejudice pursuant to Rule 84.22.

Petitioner's motion for appointment of counsel overruled.

SC84809State ex rel. Mark R. Kilmartin, Petitioner, vs. Missouri Court of Appeals, Western District, Terrence G. Lord, Clerk, Respondents.
Petition for writ of certiorari denied.

SC84759State ex rel. George Brown, Jr., Petitioner, vs. Kelly Lock, Respondent.
Petition for writ of habeas corpus denied.

SC84811State ex rel. Vincent Edward Thomas and Barbara Thomas, Relators, vs. The Honorable Margaret M. Neill, Respondent.
Petition for writ of mandamus denied.

SC84817State ex rel. Merrill Lynch & Co., Inc., et al., Relators, vs. The Honorable Peggy S. McGraw, Judge, Circuit Court of Jackson County, Missouri, Respondent.
Petition for writ of prohibition denied.

SC84818State ex rel. State Farm Automobile Insurance Company, Relator, vs. The Honorable J. Miles Sweeney, Respondent.
Petition for writ of prohibition denied.

SC84824State ex rel. Gary Lee Carpenter, Petitioner, vs. Bill Burgess, et al., Respondents.
Petition for writ of habeas corpus denied.

Petitioner's motion to shorten time limitations overruled.

SC84761State ex rel. Christopher X. Bohlen, Petitioner, vs. Kelly Lock, Respondent.
Petition for writ of habeas corpus denied.



Day - to - Day,


____________________________________
Stephen N. Limbaugh, Jr.
Chief Justice







The next regular conference of Court en Banc will be on November 26, 2002.

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