Supreme Court of Missouri
en banc

October 28, 2008

OPINION BY RUSSELL, J.
SC89119	State of Missouri, Respondent, vs. Samuel A. Freeman, Appellant.
	AFFIRMED. Stith, C.J., Price and Breckenridge, JJ., and Smart, Sp.J., concur; Wolff, J., concurs in separate opinion filed; Teitelman, J., concurs in opinion of Wolff, J. Fischer, J., not participating.

OPINION BY WOLFF, J.
SC89142	Bryan Dickerson, Appellant, vs. State of Missouri, Respondent.
	AFFIRMED IN PART; REVERSED IN PART; REMANDED. Stith, C.J., Price, Teitelman, Russell and Breckenridge, JJ., concur. Lewis, Sp.J., dissents. Fischer, J., not participating.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC89286	James Mahurin, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED89373, denied.

SC89464	State of Missouri ex rel. Bonnie Bannister, Relator, vs. The Honorable Steven H. Goldman, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED90593, denied.

SC89526	Livers Bronze, Inc., Appellant, vs. Turner Construction Company, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD68692, denied. Stith, C.J., not participating.

SC89527	David Gehrke, Appellant, vs. State of Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD67823, sustained and cause ordered transferred.

SC89531	Ronald Kliethermes, Appellant, vs. ABB Power T&D, Respondent, Treasurer of the State of Missouri - Custodian of the Second Injury Fund, Respondent.
	Respondent ABB Power T&D's application for transfer from the Missouri Court of Appeals, No. WD66700, denied.

SC89543	Cortex West Development Corporation, Respondent, vs. Station Investments #10 Redevelopment Corporation, et al., Appellants, Easy Business Mailers, Inc., et al., Defendants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED90935, sustained and cause ordered transferred.

SC89556	Roger E. Richter, Appellant, vs. Union Pacific Railroad Company, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED90090, denied.

SC89565	Elbert A. Walton, Jr., Respondent, vs. City of Berkeley, Missouri, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED90211, denied. Russell, J., not participating.

SC89597	State of Missouri, Respondent, vs. Daniel W. Dwyer, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD67575, denied.

SC89598	Tom Watson, III, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD67819, denied.

SC89599	Guy Benny Brown, Appellant, vs. Kent Mickelson and Cherry Mickelson, Respondents, Robert Schoenberg and April Schoenberg, Defendants.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD68961, denied.

SC89602	Donald R. Zelinger, Appellant, vs. Missouri Department of Corrections, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD68972, denied.

SC89605	Timothy Coffer, Respondent, vs. Angela Wasson-Hunt, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD67954, sustained and cause ordered transferred.

SC89608	State of Missouri, Respondent, vs. Todd N. Hickcox, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD68004, denied.

SC89609	State of Missouri, Respondent, vs. Freddie Batiste, Jr., Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD68396, denied.

SC89610	Shonnie Newton, et al., Appellants, Michael Nolte and Barbie Nolte, Appellants, vs. Ford Motor Company, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD66066 consolidated with WD66067, sustained and cause ordered transferred. Russell, J., not participating.

SC89611	Parktown Imports, Inc., Appellant, vs. Audi of America, Inc., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD68390, sustained and cause ordered transferred. Russell, J., not participating.

SC89612	Roger Kohrs and Galen Neill, Defendants, Jay Lawson, Appellant, vs. Ed Quick and Clay County Board of Election Commissioners and Individual Election Commissioners, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, Nos. WD68773 and WD68774, denied.

SC89626	State of Missouri, Respondent, vs. Daniel K. Stewart, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27312, denied.

SC89632	State of Missouri, ex rel. Omar D. Davis, Director of Revenue, Respondent, vs. D.C., Inc., d/b/a Dirt Cheap Cigarettes and Beer, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED90740, denied.

SC89634	William E. McCurdy, Jr., Appellant, vs. St. Luke's Episcopal-Presbyterian Hospitals and the Akin Family Limited Partnership, L.P., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED90500, denied.

SC89644	Samuel K. Lipari, Appellant, vs. Novation LLC, et al., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD70001, denied.

SC89647	Emmitte Lyle Fenton, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD68528, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC89528	State ex rel. Benerie M. Allen, Petitioner, vs. Dave Dormire, Respondent.
	Petition for writ of habeas corpus denied.

SC89499	State ex rel. Otis Thompson, Petitioner, vs. Missouri Department of Corrections, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion to publish an opinion pursuant to Mo. S.Ct. R. 84.17(a)(3) overruled.

SC89574	State ex rel. Kinnick Auto Credit, LLC, Relator, vs. The Honorable Edith L. Messina, Respondent.
	Petition for writ of prohibition denied.

SC89606	State ex rel. James Cook, Petitioner, vs. The Honorable James R. Hartenbach, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for order to issue writ of habeas corpus for Respondent's violation of Rule 84.24 overruled.

SC89616	State ex rel. Dr. Michael Darmadi, Relator, vs. The Honorable David L. Dowd, Respondent.
	Petition for writ of prohibition denied.

SC89618	State ex rel. James LeMaster, Relator, vs. The Honorable E. Thomas Clarkin, Respondent.
	Petition for writ of mandamus denied.

SC89621	State ex rel. Michael West, Petitioner, vs. The Honorable Philip J. Ohlms, Respondent.
	Petition for writ of mandamus and/or prohibition denied.

SC89624	State ex rel. Maurice Williams, Petitioner, vs. The Honorable Joan Moriarty, Respondent.
	Petition for writ of habeas corpus denied.

SC89630	State ex rel. Client Services, Inc., et al., Relators, vs. The Honorable David Dowd, Respondent.
	Petition for writ of prohibition and for interim relief, including a stay pending final adjudication denied.

SC89636	State ex rel. Michael West, Relator, vs. The Honorable Philip J. Ohlms, Respondent.
	Petition for writ of mandamus or, in the alternative, prohibition denied.

SC89607	State ex rel. John Hemphill, Petitioner, vs. Troy Steele, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled as moot.

SC89639	State ex rel. Metropolitan Urological Specialists, P.C., Metropolitan Urological Properties, L.L.C., and Dunard Morris, Relators, vs. The Honorable Steven H. Goldman, Respondent.
	Petition for writ of prohibition denied. Relators' motion to stay pending disposition of Relators' petition for writ of prohibition overruled as moot.

SC89640	State ex rel. Michael West, Relator, vs. The Honorable Ted House, Respondent.
	Petition for writ of mandamus and/or prohibition denied.

SC89641	State ex rel. Michael West, Petitioner, vs. The Honorable Terry R. Cundiff, Respondent.
	Petition for writ of mandamus and/or prohibition denied.

SC89652	State ex rel. David George Baugh, Relator, vs. The Honorable Robert Schollmeyer and Missouri Board of Probation and Parole, Respondents.
	Petition for writ of mandamus and/or prohibition denied.

SC89617	State ex rel. James Leuchtmann, Petitioner, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied.

SC89625	State ex rel. James Fears, Petitioner, vs. Al Luebbers, Superintendent, et al., Respondents.
	Petition for writ of habeas corpus denied.

MOTIONS

SC89442	In re: Roy King, Jr., Respondent.
	Respondent's motion to dismiss with prejudice Informant's information due to failure to prosecute in a timely manner overruled.

Day - to - Day,

____________________________________
Laura Denvir Stith
Chief Justice

Home | Supreme Court | Court of Appeals | Circuit Courts
Office of State Courts Administrator | Statewide Court Automation
Case.net | Court Opinions | Newsroom | Related Sites | Court Forms
Contact Us