Supreme Court of Missouri
en banc

September 1, 2009

OPINION BY RUSSELL, J.
SC89010	Committee for Educational Equality, et al., Appellants, Coalition to Fund Excellent Schools, et al., Appellants, vs. State of Missouri, et al., Respondents, W. Bevis Schock, Rex Sinquefield, and Menlo Smith, Respondents.
	AFFIRMED. Price, C.J., Breckenridge, Fischer and Stith, JJ., and Parrish, Sp.J., concur; Wolff, J., concurs in part and dissents in part in separate opinion filed. Teitelman, J., not participating.

OPINION BY WOLFF, J.
SC89846	Jason Merriweather, Respondent, vs. State of Missouri, Appellant.
	AFFIRMED. All concur.

PER CURIAM
SC88942	State ex rel. John E. Winfield, Petitioner, vs. Donald P. Roper, Superintendent, Respondent.
	PETITION DENIED. All concur.

MOTIONS FOR REHEARING
SC89559	ICC Management, Inc., Appellant, vs. Director of Revenue, Respondent.
	Appellant's motion for rehearing overruled.

SC89343	Earl Forrest, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for rehearing overruled.

SC89727	John Doe I, et al., Respondents, vs. Major James Keathley, Appellant, Thomas Phillips and James Kanatzar, Defendants.
	Respondents' motion for rehearing overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC90203	Jane Doe, Respondent, vs. Jerry Lee and James Keathley, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED91817, denied.

SC90205	Donald L. Bryant, Jr., Appellant, vs. Smith Interior Design Group, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91924, sustained and cause ordered transferred.

SC90206	Richard J. Stahlhuth and Sally J. Irwin, in their individual capacities and as Trustee of Special Trust A F/B/O Richard J. Stahlhuth of the Virginia Hunter Grantor Retained Income Trust Dated 7/25/89 and Trustee of Special Trust A F/B/O Sally J. Irwin of the Virginia Hunter Grantor Retained Income Trust Dated 7/25/89, Respondents, vs. SSM Health Care St. Louis, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91990, denied.

SC90208	State of Missouri, Respondent, vs. Dominic V. Burton, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69086, denied.

SC90209	Robert F. Przybylski and Bonnie D. Przybylski, Appellants, vs. Simon Barbosa and Louise Mahlandt and Andrew County, Missouri, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD69632, denied.

SC90210	Debra L. Miller, in her capacity as Secretary of Transportation for the State of Kansas, Respondent, vs. Glacier Development Company, L.L.C., Defendant, Lester M. Dean, Jr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69733, denied.

SC90211	James M. Hecht, Appellant, vs. Tina L. Hecht, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91335, denied.

SC90212	Kristyn F. Krueger and Michael T. Krueger, Respondents, vs. Heartland Chevrolet, Inc., Appellant, General Motors Corporation, Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69298, denied. Russell, J., not participating.

SC90213	AMG Franchises, Inc., Respondent, vs. Crack Team USA, Inc., and Team Distributors, LLC, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED91631, denied.

SC90214	State of Missouri, Respondent, vs. James R. Clevenger, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD68933, denied.

SC90215	State of Missouri, ex inf. Robert P. McCulloch, Prosecuting Attorney of St. Louis County, ex rel. Village of Bel-Ridge, Respondent, vs. Zackery Keys, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91416, denied.

SC90216	Urban Renewal of K.C., Respondent, vs. Cheryl C. Hunter, Defendant, Bank of New York, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69665, denied.

SC90219	State of Missouri, Respondent, vs. Joshua E. Bunch, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD29049, denied.

SC90220	State of Missouri, Respondent, vs. Roger J. Bonich, Jr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD28945, denied.

SC90228	Ken Kissee and Janice Kissee, Appellants, vs. E-Z Pawn, LLC, Rodney A. Triplett, and Don Hopper, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD29347, denied.

SC90231	M. Gary Epstein, Appellant, vs. Marion Thompson and American Family Mutual Insurance Company, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED92206, denied.

SC90232	State of Missouri, Respondent, vs. Andrew E. Boehm, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91461, denied.

SC90234	Stanley L. Williams, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69568, denied.

SC90237	Jim Edward Ryan, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD29143, denied. Appellant's motion for appointment of counsel overruled as moot. Appellant's motion for leave of the Court to introduce newly discovered evidence overruled.

SC90238	Lawrence Dale Spidle, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69418, denied.

SC90239	Charter Development Group, Respondent, vs. Carl D. Essen, Appellant, S & P Properties, Inc., et al., Defendants.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91642, denied.

SC90240	Richard J. Roche, Appellant, vs. Donna J. Roche, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91294, denied.

SC90241	Susan Coleman, as Surviving Heir of Ruthie Lacey, Deceased, Respondent/Cross-Appellant, vs. James Darin Meritt, M.D., Respondent, and W.J. Stoecker, M.D., Appellant/Cross-Respondent.
	Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, Nos. SD28678 and SD28680, denied.

SC90242	Ruth Ann Lauck, Appellant, vs. William Price, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED90986, denied.

SC90243	Wendy C. Andrews, Respondent, vs. Jeffrey M. Andrews, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED90797, denied.

SC90245	Antonio Howard, Appellant, vs. State of Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED91724, denied.

SC90246	W. Morris Taylor, P.C., Respondent, vs. Jeffrey Eilers, Eilers Contracting Services, Inc., and Janet Y. Tennant, Appellants.
	Appellants Jeffrey Eilers' and Janet Y. Tennant's application for transfer from the Missouri Court of Appeals, No. ED92147, denied.

SC90250	Jerry Houston, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD68752, denied.

SC90251	Roger Worley, Appellant, vs. Ronald Hoffman, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD29088, sustained and cause ordered transferred.

SC90252	Timothy Davis, Appellant, vs. Susan Atkinson, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69699, denied.

SC90255	State of Missouri ex rel. Karen Chastain, et al., Appellants, vs. City of Kansas City, Missouri, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD70100, denied.

SC90256	In the Interest of M.O.P., II M.P., Appellant, vs. Greene County Juvenile Office, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD29318, denied.

SC90257	Nicholas H. Smith, et al., Appellants-Respondents, vs. American Family Mutual Insurance Company, Respondent-Appellant.
	Respondent-Appellant's application for transfer from the Missouri Court of Appeals, No. WD68586 consolidated with WD68610, denied. Stith, J., not participating.

SC90259	Mary Plubell, et al., Respondents, vs. Merck & Co., Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69808, denied. Price, C.J., not participating.

SC90260	Diana Kritzer, Appellant, vs. The Curators of the University of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69457, denied.

SC90261	State of Missouri, Respondent, vs. Massigh Stallman, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED90629, denied.

SC90264	State of Missouri, Respondent, vs. Kevin Collins, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91542, denied.

SC90265	Gus W. Sturmfels, Jr., Appellant, vs. Myrle R. Frederick, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED90790, denied.

SC90269	Billy Eckerd and Cleta Eckerd, Appellants, vs. Country Mutual Insurance Company, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED91431, denied.

SC90277	Elaine Klinkerfuss, Appellant, vs. William L. Cronin, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91063, denied.

SC90287	Cindy Reynolds-Byers, Appellant, vs. Blue Cross and Blue Shield of Missouri, Zurich North American Insurance, and Treasurer of Missouri as Custodian of the Second Injury Fund, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD29418, denied.

SC90291	Bradley L. Brown, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD29369, denied.

SC90295	Cedarbridge, LLC, Appellant, vs. Joseph Eason, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91544, denied.

SC90296	Kenneth D. Rohrer, et al., Appellants, vs. Linda Emmons, Collector of Franklin County, et al., Respondents.
	Respondent Franklin County Library District's application for transfer from the Missouri Court of Appeals, No. ED90669, denied.

SC90304	Travis Benton, Appellant, vs. Veterans of Foreign Wars of the United States, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69813, denied.

SC90316	State of Missouri ex rel. John W. Collins, M.D., Relator, vs. Honorable Marco Roldan, Respondent.
	Relator's application for transfer from the Missouri Court of Appeals, No. WD70350, denied.

SC90317	Natalie R. Ross, Appellant, vs. Director of Revenue, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD69900, sustained and cause ordered transferred. Fischer, J., not participating.

SC90318	Marshall Rion, Respondent, vs. Geronimo Trujillo, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED92167, denied.

SC90319	Great Rivers Environmental Law Center, Appellant, vs. City of St. Peters, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91964, denied.

SC90320	State of Missouri, Respondent, vs. Earl Shobe, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91791, denied.

SC90321	State of Missouri, Respondent, vs. Gensun Johnson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91941, denied.

SC90322	Chad Kenneth Fisk, Respondent, vs. Stephanie Paige Fisk, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91367, denied.

SC90325	John Doe, Appellant, vs. Ron Worsham, etc., et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD29402, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC90186	State ex rel. Bill Herron, Relator, vs. The Honorable Troy K. Hyde, Respondent.
	Petition for writ of mandamus denied.

SC90218	State ex rel. Mindy L. Markmueller, Relator, vs. The Honorable Mary B. Schroeder, Respondent.
	Petition for writ of prohibition denied.

SC90190	State ex rel. DeShun Washington, Petitioner, vs. Michael Bowersox, Warden, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled as moot.

SC90227	State ex rel. Thomas Nelson Lantrip, III, Petitioner, vs. Jennifer Sachse, Respondent.
	Petition for writ of habeas corpus denied.

SC90263	State ex rel. Melvin Leroy Tyler, Relator, vs. Clerk, Missouri Court of Appeals, Eastern District, et al., Respondents.
	Petition for writ of mandamus denied. Relator's motion to compel the clerk to process this petition without any compliance to the Prison Litigation Act civil filing fees, or account statement overruled.

SC90272	State ex rel. First Plus Home Loan Owner Trust 1996-3, et al., Relators, vs. The Honorable John M. Torrence, Respondent.
	Petition for writ of prohibition denied.

SC90273	State ex rel. German American Capital Corporation, et al., Relators, vs. The Honorable John M. Torrence, Respondent.
	Petition for writ of prohibition denied.

SC90289	State ex rel. Beth A. Daniele, Individually, and as Trustee of the Revocable Trust of Beth Daniele, Relator, vs. The Honorable Edward W. Sweeney, Respondent.
	Petition for writ of prohibition denied.

SC90294	State ex rel. Anthony Daniele and Pier St. Louis, Inc., Relators, vs. The Honorable Edward W. Sweeney, Respondent.
	Petition for writ of prohibition denied.

SC90297	State ex rel. Carl Eugene McDonald, Jr., Petitioner, vs. Keith Schafer, et al., Respondents.
	Petition for writ declaring fundamental "access to the courts" rights of confined civilly sexually violent predator persons including petitioner denied without prejudice pursuant to Rule 84.22(a). Petitioner's motion request for Court to properly retitle petition and upon denial of exclusive jurisdiction, for this Court to forward petition to appropriate court with instructions overruled as moot.

SC90299	State ex rel. Chiropractic & Sports Injury Center of Creve Coeur, P.C., Relator, vs. The Honorable Brenda Stith Loftin, Respondent.
	Petition for writ of prohibition denied.

SC90266	State ex rel. Woodrow Anderson, Relator, vs. The Honorable Patricia S. Joyce, Respondent.
	Petition for writ of prohibition or, in the alternative, writ of mandamus denied. Respondent's motion to remand or dismiss overruled as moot.

SC90306	State ex rel. Marques D. Morris, Petitioner, vs. The Honorable John F. Kintz, Respondent.
	Petition for writ of mandamus denied.

MOTIONS
SC90022	MC Development Company, LLC, Appellant, vs. Central R-3 School District of St. Francois County, Respondent, Farmington R-7 School District of St. Francois County, Cross-Appellant, Damon Black, Assessor of St. Francois County, Respondent.
	Appellant MC Develpment Company, LLC's motion to dismiss Respondent Central R-3 School District of St. Francois County's substitute brief overruled.

SC77439	State of Missouri, Respondent, vs. Willie Simmons, Appellant.
	Appellant's motion to recall the mandate overruled.

SC90225	Carl Ayres, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for extension of time to file application for transfer overruled. Appellant's motion for leave to file application for transfer out of time overruled.

SC61750	State of Missouri, Respondent, vs. Irving J. Berry, Appellant.
	Appellant's motion to recall the mandate overruled.

SC90267	Lonnie Snelling, Appellant, vs. Union Electric Company d/b/a AmerenUE, Respondent.
	Appellant's motion for leave to file application for transfer out of time overruled.

SC61432	State of Missouri, Respondent, vs. Robert Nathaniel Olds, Appellant.
	Appellant's motion to recall the mandate overruled.

SC90283	In re: Michael R. Fletcher, Petitioner.
	Petitioner's motion for leave to file petition for reinstatement overruled.

SC90293	Joseph Jackson, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for leave to file application for transfer out of time overruled.

SC90285	Charles W. Rentschler, et al., Appellants, vs. Matt Blunt, et al., Repondents.
	Appellants' motion for appointment of counsel overruled.

SC90303	David R. Bullock, Appellant, vs. State of Missouri, Timothy Perigo, et al., Respondents.
	Appellant's motion for permission to file late notice of appeal overruled.

SC90310	Troy Gene Moore, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion to file application for transfer out of time overruled.

Day - to - Day,

____________________________________
Mary R. Russell
Acting Chief Justice

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