Supreme Court of Missouri
en banc

August 30, 2005

MOTIONS FOR REHEARING
SC86095	Marcellus Williams, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for rehearing overruled. Opinion modified on Court's own motion.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC86738	Alan Echols, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63758, denied.

SC86859	In the Interest of C.D.M., a Minor. Robert Scott Royster, Appellant, vs. William and Marilyn Council, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26075, denied.

SC86888	Jerry L. McCauley, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85480, denied.

SC86890	Weldon W. Perry, Jr., and J. Armin Rust, Respondents, vs. Deana Aversman, Circuit Clerk, Appellant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD63991, denied.

SC86894	Howard J. Verweire, Petitioner, vs. Steven Moore, Superintendent, Western Missouri Correctional Center, Respondent.
	Petitioner's application for transfer from the Missouri Court of Appeals, No. WD64038, denied.

SC86896	State of Missouri, Respondent, vs. Gary T. Washington, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63477, denied.

SC86897	State of Missouri, Respondent, vs. Glenn Barry, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63648, denied.

SC86898	State of Missouri, Respondent, vs. Don A. Bell-Johnson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD64045, denied.

SC86899	State of Missouri, Respondent, vs. Darin E. Lewis, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63456, denied.

SC86900	Steven Stanko, et al., Appellants, vs. Terry Fleming, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED84111, denied.

SC86901	William Glasgow, Respondent/Cross-Appellant, vs. Margaret A. Cole, Appellant/Cross-Respondent.
	Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, No. ED84285, denied.

SC86902	Sherwood National Education Association, et al., Appellants/Respondents, vs. Sherwood-Cass R-VIII School District, Respondent/Appellant.
	Respondent/Appellant's application for transfer from the Missouri Court of Appeals, No. WD63931 (consolidated with WD63947), denied.

SC86903	SkillPath Seminars, Appellant, vs. Ritchard Summers, Defendant, Division of Employment Security, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63577, denied.

SC86908	Randee Bach, individually and derivatively for the benefit of JT Sound Systems, Inc., d/b/a St. Louis Sound & Communications, Appellant/Cross-Respondent, vs. STL, Inc., et al., Respondents/Cross-Appellants.
	Respondents/Cross-Appellants STL, Inc. et al.'s application for transfer from the Missouri Court of Appeals, No. ED83442, denied. Respondent/Cross-Appellant JT Sound Systems, Inc.'s application for transfer from the Missouri Court of Appeals, ED83442, denied.

SC86909	Joel Stokes, Appellant, vs. National Presto Industries, Inc., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD64182, denied.

SC86911	Lake Ozark Construction Industries, Inc., et al., Appellants, vs. Osage Land Company, L.L.C., et al., Defendants, Golf Trust of America, L.P., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD63528, denied.

SC86916	American Family Mutual Insurance Company, Appellant, vs. Fesler-Winkler Enterprises, Inc., et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84918, denied.

SC86917	State of Missouri, Respondent, vs. Jackie D. Blackburn, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25805, denied.

SC86918	William A. Stoneking, Jr., Appellant, vs. Shirley Anne Stoneking, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD64091, denied.

SC86921	Ronald Conn, Deceased, Tamra Conn and Dillon Clarke, Dependents, Respondents, vs. O'Sullivan Industries, Inc., and CNA Insurance Company, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD26592, denied.

SC86928	State of Missouri, Respondent, vs. Dominic Maxwell, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84454, denied.

SC86939	In the Interest of A.K.F., D.A.F., D.J.F., and K.D.F., Minors Jacqueline Denise Fort, Appellant, vs. Greene County Juvenile Office, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26330, denied.

SC86942	Euron Matthews, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84053, denied.

SC86943	Roland K. Schaefer, Appellant, vs. Kenneth H. Gibert, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84788, denied.

SC86944	City of Hazelwood, Respondent, vs. Jeff Rixleben, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84652, denied.

SC86945	In re Marriage of Helen E. Davis and Gary Davis, Helen Davis, Respondent, vs. Gary Davis, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84548, denied.

SC86946	State of Missouri ex rel. Estate of Marvin J. Perry, by Paul E. Perry, Relator, In the Estate of Marvin J. Perry, Deceased, Paul E. Perry, Appellant, vs. The Honorable Ellen S. Roper, Circuit Judge, 13th Judicial Circuit, John S. Perry and Alan L. Perry, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD64594 and WD64654, denied.

SC86947	Bogdan and Helen Hiblovic, Respondents/Cross-Appellants, vs. Cinco-T.C., Inc., Appellant/Cross-Respondent.
	Respondents/Cross-Appellants' application for transfer from the Missouri Court of Appeals, No. ED84513, denied.

SC86950	Cincinnati Casualty Company, Appellant, vs. GFS Balloons and James Robbins, IV, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85211, denied.

SC86951	State of Missouri, Respondent, vs. Earl Hopson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84509, denied.

SC86952	State of Missouri ex rel. St. Louis Post-Dispatch, LLC, Relator, vs. The Honorable John F. Garvey, Respondent.
	Relator's application for transfer from the Missouri Court of Appeals, No. ED85879, sustained and cause ordered transferred. Intervenors Multimedia KSDK, Inc. and News Channel 5's application for transfer from the Missouri Court of Appeals, ED85879, sustained and cause ordered transferred.

SC86953	North Kansas City Levee District, et al., Respondent, vs. Forever Green of Missouri, L.L.C., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63527, denied.

SC86954	Casey E. Noakes, Now Norwat, Appellant, vs. Daniel R. Noakes, Defendant, Michael J. Westhusing, Respondent, Lenora L. Westhusing, Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD64387, denied.

SC86959	In the Interest of B.H., C.H.H., Appellant, vs. Greene County Juvenile Office, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26297, denied.

SC86960	Deborah L. St. Lawrence n/k/a Deborah L. Hoffman, Appellant, vs. David L. St. Lawrence, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84969, denied.

SC86967	Twin Chimneys Homeowners Association, Respondent, vs. J.E. Jones Construction Co., et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED82976, denied.

SC86974	Bryant Welch, Appellant, vs. BFI Industries, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85556, denied.

SC86981	In the Matter of the Care and Treatment of Rodney Kapprelian, etc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26435, denied.

SC86985	Deaminges Davis, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85317, denied.

SC86986	Ken Creviston, Appellant, vs. Aspen Products, Inc., and William P. Biggins, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26561, denied.

SC86987	James Highfill and Dan Highfill, Appellants, vs. Mary Hale, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED84450, sustained and cause ordered transferred.

SC86988	F.W. Disposal South, LLC, Respondent, vs. St. Louis County, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84765, denied.

SC86995	State of Missouri, Respondent, vs. Stephen G. Bone, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83723, denied.

SC86996	Daniel K. Oglesby, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84837, denied.

SC86997	John C. Paty, Respondent, vs. Director of Revenue, State of Missouri, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84646, denied.

SC86998	State Farm Mutual Automobile Insurance Company, Appellant, vs. Joseph M. Stockley, et al., Respondents.
	Respondents Donna McCarrison, et al.'s application for transfer from the Missouri Court of Appeals, No. ED84200, denied.

SC86999	Nancy Valenta and Richard Valenta, Appellants, vs. City of St. Louis, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED84556, denied.

SC87000	Ralph Early, Respondent, vs. The Burlington Northern and Santa Fe Railway Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83628, denied.

SC87003	Karen Lindquist, as the Personal Representative of the Estate of Michael Lindquist, Deceased, Appellant, vs. Scott Radiological Group, Inc., et al., Respondents.
	Respondent Mid-America Orthopaedic Surgery, Inc.'s application for transfer from the Missouri Court of Appeals, No. ED84085, denied.

SC87004	Lonnie Snelling, Appellant, vs. State of Missouri, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84845, denied. Russell, J., not participating.

SC87007	Five Star Manufacturing, Inc., Appellant, vs. David Tanksley and Division of Employment Security, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26590, denied.

SC87008	Evan W. Montgomery and Judith A. Montgomery, Respondents, vs. South County Radiologists, Inc., et al., Appellants, and Ata Siddiqui, M.D., et al., Defendants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED84410, denied.

SC87010	In the Interest of: P.L.O. and S.K.O., Minor Children.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26582, denied.

SC87016	Faye Keyser, Respondent, vs. University City School District and Missouri United School Insurance Council, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED85535, denied.

SC87017	Michael Minadeo, et al., Appellants, vs. Alcon Laboratories, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED85478, denied.

SC87018	State of Missouri, Respondent, vs. Glen E. McGowan, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85150, denied.

SC87019	Northwest Chrysler-Plymouth, Inc., d/b/a Don Schunk Chrysler Jeep, a Delaware Corporation, Respondent, vs. DaimlerChrysler Corporation, a Delaware Corporation, and DaimlerChrysler Motors Company, L.L.C., a Delaware Limited Liability Company, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED85649, denied. Russell, J., not participating.

SC87020	Chad Clippard, Appellant, vs. Jamie Pfefferkorn, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85111, denied.

SC87022	Gene R. Kunzie, Appellant, vs. City of Olivette, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED85119, sustained and cause ordered transferred.

SC87023	John Stehno, Respondent, vs. Sprint Spectrum, L.P., Appellant, and Amdocs, Ltd., Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD64282, sustained and cause ordered transferred.

SC87024	State of Missouri ex rel. A&G Commercial Trucking, Inc., Respondent, vs. Director of the Manufactured Housing and Modular Units Program of the Public Service Commission and the Missouri Public Service Commission, Appellants.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD64472, denied.

SC87025	State of Missouri, Respondent, vs. Zacheriah Tripp, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63005, denied.

SC87027	Margaret Miller, Appellant, vs. Rothschild Management Group, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED84886, sustained and cause ordered transferred.

SC87028	Terry J. Woods, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85078, sustained and cause ordered transferred.

SC87029	Elmer D. Williams, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85103, denied.

SC87030	State of Missouri ex rel. Wayne Killingsworth, et al., Respondents, vs. Sherman George, Appellant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED85262, denied.

SC87031	Jonathan Brock, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85528, denied.

SC87032	Kristen Dhyne, Respondent, vs. State Farm Fire and Casualty Company, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD63831, sustained and cause ordered transferred.

SC87033	Randy White, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD64044, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC86865	State ex rel. Solid Rock Ministries, Relator, vs. The Honorable Timothy Wilson, Respondent.
	Petition for writ of prohibition denied.

SC86876	State ex rel. Debra Southers, Individually and as Next Friend of Rodney I. Clark, a minor, and Lakoda D. Clark, a minor, and Terry Larson and Kathleen Hammett, Relators, vs. The Honorable Kenneth W. Pratte, Respondent.
	Petition for writ of mandamus denied.

SC86882	State ex rel. James E. Moland, Petitioner, vs. Steven E. Moore, Superintendent, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for bail or recognizance overruled as moot.

SC86883	State ex rel. Abdul Ayat Mohammed Bey, a/k/a Ronald B. Britt-Bey, Relator, vs. The Honorable Kenneth M. Romines, et al., Respondents.
	Petition for writ of mandamus denied.

SC86884	State ex rel. Gregory Gibson, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of habeas corpus denied.

SC86848	State ex rel. Tony K. Vann, Petitioner, vs. Dave Dormire, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled as moot.

SC86889	State ex rel. Abdul Ayat Mohammed Bey, a/k/a Ronald B. Britt-Bey, Relator, vs. The Honorable Kenneth M. Romines, et al., Respondents.
	Petition for writ of mandamus denied.

SC86907	State ex rel. Bruce Christopher, Petitioner, vs. Jill McGuire, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC86920	State ex rel. St. Louis Car Company and RailCruise America, L.L.C., Relators, vs. The Honorable Steven R. Ohmer and The Honorable Julian L. Bush, Respondents.
	Petition for writ of prohibition denied.

SC86872	State ex rel. Michael D. Samuelson, Relator, vs. Michael Bowersox, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC86922	State ex rel. Jerry Quinn Davis, Petitioner, vs. Missouri Attorney General and Lower Courts, Respondents.
	Petition for writ of certiorari denied.

SC86925	State ex rel. Larry Taylor, Petitioner, vs. Steven Moore, Respondent.
	Petition for writ of habeas corpus denied.

SC86860	State ex rel. Michael Hunter, Relator, vs. The Honorable Thomas Brown, et al., Respondents.
	Petition for writ of mandamus denied.

SC86929	State ex rel. John C. Duvall, Relator, vs. The Honorable John J. Jackson, Respondent.
	Petition for writ of prohibition or in the alternative writ of mandamus denied.

SC86930	State ex rel. John C. Duvall, Relator, vs. The Honorable John J. Jackson, Respondent.
	Petition for writ of prohibition or in the alternative writ of mandamus denied.

SC86891	State ex rel. Donald G. Frame, Petitioner, vs. Mike Kemna, Respondent.
	Petition for writ of habeas corpus denied.

SC86934	State ex rel. Mitchell Gadberry, Petitioner, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied.

SC86965	State ex rel. Gregory W. Breeden, Petitioner, vs. The Honorable Kelly J. Moorhouse, Respondent.
	Petition for writ of mandamus denied. Petitioner's motion for forthwith issuance of the writ in the interest of justice without delay and undisputable violation of the governing rules of civil procedure overruled as moot. Petitioner's motion for immediate issuance of writ of mandamus overruled as moot.

SC86966	State ex rel. Jerry M. Weide, Petitioner, vs. Michael Kemna, Superintendent, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled as moot.

SC86969	State ex rel. Charles Thornton, Relator, vs. The Honorable Barbara A. Crancer, Respondent.
	Petition for writ of mandamus denied.

SC86975	State ex rel. Boston Financial Quailfied Housing Tax Credits, L.P. IV, Relator, vs. The Honorable Anthony Rex Gabbert, Respondent.
	Petition for writ of prohibition or, alternatively, for mandamus denied.

SC86976	State ex rel. Matthew Lynn Curdt, Relator, vs. The Honorable James H. Kelly, Respondent.
	Petition for writ of prohibition denied.

SC86977	State ex rel. Michelle Przada-Ziegler, Relator, vs. The Honorable Joseph R. Briscoe, Respondent.
	Petition for writ of prohibition and request for preliminary order denied.

SC86980	State ex rel. David G. Baugh, Relator, vs. Missouri Board of Probation and Parole, et al., Respondents.
	Petition for writ of mandamus denied.

SC86982	State ex rel. St. John's Physicians & Clinics, Inc., Relator, vs. The Honorable J. Edward Sweeney, Respondent.
	Petition for writ of prohibition denied.

SC86961	State ex rel. Gregory L. Sams, Petitioner, vs. Steve Moore, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for summary judgment overruled.

SC87011	State ex rel. Mark A. Woodworth, Petitioner, vs. The Honorable Stephen K. Griffin, Respondent.
	Petition for writ of prohibition and for a writ of mandamus denied. Limbaugh, J., not participating.

SC86984	State ex rel. Jeffrey K. Johnson, Petitioner, vs. Steven E. Moore, Respondent.
	Petition for writ of habeas corpus denied.

SC87012	State ex rel. Mahir Mohammad, Petitioner, vs. The Honorable Joan L. Moriarty, Respondent.
	Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC87014	State ex rel. Purdue Pharma, Inc., et al., Petitioners, vs. The Honorable Steven R. Ohmer, Respondent.
	Petition for writ of prohibition and/or mandamus denied.

SC87026	State ex rel. Roxanne Kelly, Relator, vs. The Honorable Marco A. Roldan, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc within thirty days. Price, J., not participating.

MOTIONS
SC74030	State of Missouri, Respondent, vs. Phillip E. Silvey, Appellant.
	Appellant's motion to recall the mandate overruled.

SC75496	State of Missouri, Respondent, vs. Marlin Gray, Appellant.
	Appellant's petition seeking a stay of execution overruled. White, J., not participating.

SC86534	Michael Tisius, Appellant, vs. State of Missouri, Respondent.
	Respondent's motion to transfer case to the Missouri Court of Appeals, Western District, overruled.

SC62078	State of Missouri, Respondent, vs. Larry Jackson, Appellant.
	Appellant's motion to recall the mandate overruled. Appellant's motion for appointment of counsel overruled as moot.

SC62464	State of Missouri, Respondent, vs. Mitchell Allen Jensen, Appellant.
	Appellant's motion to recall the mandate overruled.

SC83485	State of Missouri, Respondent, vs. Andre Cole, Appellant.
	Appellant's motion to recall the mandate overruled. Petition for writ of habeas corpus denied.

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