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Minutes of September 3, 2019

Supreme Court of Missouri
en banc

September 3, 2019



OPINION BY BRECKENRIDGE, J.

SC96973Cletus Greene, Appellant, vs. State of Missouri, Respondent.

AFFIRMED. All concur.




MOTIONS FOR REHEARING

SC96633Lance C. Shockley, Appellant, vs. State of Missouri, Respondent.

Appellant's motion for rehearing overruled.



SC97361Neil Desai, M.D., et al., Respondents, vs. Seneca Specialty Insurance Company, Appellant.

Appellant's motion for rehearing overruled.



SC97591Missouri Coalition for the Environment and Carolyn Johnson, Appellants, vs. State of Missouri and Clean Water Commission of the State of Missouri, Respondents.

Appellants' motion for rehearing overruled.



SC96924State of Missouri, Respondent, vs. Craig Michael Wood, Appellant.

Appellant's motion for rehearing overruled.




APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC97834Spire Missouri, Inc, f/k/a Laclede Gas Company, Appellant, vs. Public Service Commission of the State of Missouri, Respondent, and Office of Public Counsel, Intervenor.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD35485 consolidated with SD35549, sustained and cause ordered transferred.



SC97856John Doe, a Minor, by and through his Natural Mother, Mother Doe, Appellant, vs. Ozark Christian College, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD35573, denied.



SC97875Antwain Cedric Stewart, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81309, denied.



SC97878Andrew Luke Lemasters, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD35490, sustained and cause ordered transferred.



SC97883State of Missouri, Respondent, vs. Thomas Richard Demark, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD80418, denied.



SC97898In the Interest of: J.R-I.R.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106541, denied.



SC97901State of Missouri, Respondent, vs. Jeremy Scott Sykes, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD35481, denied.



SC97917State of Missouri ex rel. Felix M. Seals, Relator, vs. The Honorable Calvin Holden, Thirty-First Judicial Circuit, Greene County, Missouri, Respondent.

Relator's application for transfer from the Missouri Court of Appeals, No. SD35902, denied.



SC97926State of Missouri, Respondent, vs. Tyrone Valentine, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106729, denied.



SC97928Lauren Lohmeyer, Appellant, vs. State Board of Nursing, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED107032, denied.



SC97929St. Louis Regional Convention and Sports Complex Authority, et al., Respondents, vs. National Football League, et al., Defendants, and the Rams Football Company, LLC and E. Stanley Kroenke, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED106282-01, denied.



SC97936
State of Missouri, Respondent, vs. Chad Leland Walter, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81034, denied.



SC97938State of Missouri, Respondent, vs. Mark Anthony Powell, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81001, denied.



SC97939Rita Vacca, Respondent/Cross-Appellant, vs. Matthew Vacca, Appellant/Cross-Respondent.

Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, No. ED105846-01, denied.



SC97940Joan L. Robinson, Respondent/Cross-Appellant, vs. John F. Langenbach, Judy Lanfri f/k/a Judy Longbrook, and Perma-Jack Company, Appellants/Cross-Respondents.

Appellants/Cross-Respondents' application for transfer from the Missouri Court of Appeals, No. ED106781 consolidated with No. ED106804, sustained and cause ordered transferred.

Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, No. ED106781 consolidated with No. ED106804, sustained and cause ordered transferred.



SC97941Robert L. Davis, Appellant, vs. Walgreen Company, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81341, denied.



SC97942State of Missouri, Appellant, vs. Dymon D. Thompson, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD81784, denied.



SC97943State of Missouri, Respondent, vs. Roger J. Beck, Jr., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81311, denied.



SC97945State of Missouri, Respondent, vs. Nathaniel Wade Osborn, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD80959, sustained and cause ordered transferred. Cause ordered retransferred to the Missouri Court of Appeals, Western District, for reconsideration in light of Mitchell v. Wisconsin, 139 S.Ct. 2525 (2019). Breckenridge, J., not participating.



SC97947State of Missouri, Respondent, vs. Mark Jameson, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED105964, denied.



SC97948NorthStar Education Finance, Inc. d/b/a Total Higher Education (T.H.E.), Respondent, vs. Samuel L. Scroggie, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81582, denied.



SC97949Melissa Thompson, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81154, denied.



SC97951State of Missouri, Respondent, vs. Isidro Cruz-Basurto, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD80880, denied.



SC97956Robert Dee Hoover, Appellant, vs. Lynda S. Hoover, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81697, denied.



SC97958Omar Y. Lopez, Appellant, vs. Michael Garrett, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED107220, denied.



SC97960Joshua Maynard, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106041, denied.



SC97961Glen S. Evans, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106590, denied.



SC97963State of Missouri, Respondent, vs. Leroy Coleman, Jr., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106221, denied.



SC97964Jeffrey Allen McPherson, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD35541, denied.



SC97969Betty Jane Irvin, Co-Trustee, and Sydney Meek, Co-Successor Trustee, Trustees of the Leonard E. Irvin Inter Vivos Trust Dated July 19, 2004, as Amended and Restated and Betty Jane Irvin, Individually, Respondents, vs. Jimele Palmer and Joyce Palmer, Appellants, Larry D. Webb, Defendant.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED106306, denied.



SC97970State of Missouri, Respondent, vs. Tami E. Foster, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106358, denied.



SC97973Matthew Farr and Katie Farr, Respondents, vs. Keith Stroud and Althea Stroud, Appellants.

Appellant Althea Stroud's application for transfer from the Missouri Court of Appeals, No. ED106692, denied.



SC97974Laura Freeborn, Appellant, vs. Neil Sanders, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106750, denied.



SC97975State of Missouri, Respondent, vs. Jarod A. Mahan, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED105597, denied.



SC97976State of Missouri, Respondent, vs. Sequoi D. Edwards, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106656, denied.



SC97977Mark Fleddermann, Appellant, vs. Casino One Corporation, d/b/a Lumiere Place Hotel and Casino and Caesars Interactive Entertainment, Inc., d/b/a World Series of Poker, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106905, denied.



SC97978David E. Smith, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106564, denied.



SC97982Jeffery Pinnell, Appellant, vs. City of Union, Missouri, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED106881, denied.



SC97983Michael Holmes, Respondent, vs. Doug Nelson, et al., Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED106799, sustained and cause ordered transferred.



SC97985Samuel S. Knopik, Appellant, vs. Shelby Investments, LLC, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81931, sustained and cause ordered transferred.



SC97986Terron Millett, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106627, denied.



SC97990The Bi-State Development Agency of the Missouri-Illinois Metropolitan District, Appellant, vs. Alisa Warren, The Missouri Commission on Human Rights, and Scott Gustafson, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81922, denied.



SC97992State of Missouri, Respondent, vs. Tommy Joe Davis III, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106285, denied.



SC97993Vincent Hegger (Deceased), et al., Appellants, vs. Valley Farm Dairy Company, et al., Respondents.

Respondents' application for transfer from the Missouri Court of Appeals, No. ED106278, sustained and cause ordered transferred.



SC97994Michelle Peterman, Appellant, vs. Director of Revenue, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED107000, denied.



SC97995Bruce Watson, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106558, denied.



SC97999State of Missouri, Respondent, vs. Melvin Stoddard, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81401, denied.



SC98000Jacob S. Wiemann, et ux., Respondents, vs. Eddy's MLS, LLC, d/b/a Eddy's Mazda of Lee's Summit, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81961, denied.



SC98001State of Missouri, Respondent, vs. Robert Mount, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81488, denied.



SC98002R.G., Respondent, vs. Missouri State Highway Patrol, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD82176, denied.



SC98003Missouri Real Estate Commission, Respondent, vs. William L. Held, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD81769, denied.



SC98005T. Parsley Hughes, et al., Respondents, vs. Ancestry.com, et al., Appellants.

Respondents' application for transfer from the Missouri Court of Appeals, No. WD81996, denied.



SC98006Richard L. Evans, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81320, denied.



SC98010Denise Kappel, et al., Appellants, vs. Fredric Prater, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED106216, sustained and cause ordered transferred.



SC98011Charles Mems and Elaine Mems, Appellants, vs. Dwayne A. LaBruyere, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED106319, sustained and cause ordered transferred.



SC97971State of Missouri, Respondent, vs. Gordon F. Goldsby, Jr., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED107166, denied.



SC98012Dwight Laughlin, Respondent, vs. Dewayne Perry and Ellen Flottman, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. SD35589, sustained and cause ordered transferred.



WRITS AND OTHER ORIGINAL PROCEEDINGS

SC97824State ex rel. John Selvy, Petitioner, vs. Eileen Ramey, Respondent.

Petition for writ of habeas corpus denied.



SC97872Universal Credit Acceptance, Inc., Relator, vs. The Honorable Gloria Clark Reno, Respondent.

Petition for writ of mandamus sustained. Preliminary writ ordered to issue returnable to Court en banc within thirty days.



SC97906State ex rel. Allergan USA, Inc. and Apollo Endosurgery US, Inc., Relators, vs. The Honorable Kristine Kerr, Respondent.

Petition for writ of prohibition denied.



SC97894State ex rel. Adam Lee Hamilton, Petitioner, vs. Eileen Ramey, Respondent.

Petition for writ of habeas corpus denied.



SC97920State ex rel. Cathy L. Pitts, Relator, vs. The Honorable Jennifer Phillips, Respondent.

Petition for writ of mandamus denied. Powell, J., not participating.



SC97937State ex rel. Matthew S. Jennings, Petitioner, vs. Jeff Norman, Respondent.

Petition for writ of habeas corpus denied.



SC97915State ex rel. Samuel Lomax, Petitioner, vs. Eileen Ramey, Respondent.

Petition for writ of habeas corpus denied.



SC97957State ex rel. John Doe, Relator, vs. The Honorable Stanley J. Wallach, Respondent.

Petition for writ of prohibition denied.



SC97991State ex rel. LG Chem, Ltd., Relator, vs. The Honorable Nancy Watkins McLaughlin, Respondent.

Petition for writ of prohibition sustained. Preliminary writ ordered to issued returnable to Court en banc within thirty days.



SC97998State ex rel. Blue-Grace Group, LLC d/b/a Blue-Grace Logistics, Relator, vs. The Honorable John D. Warner, Jr., Respondent.

Petition for writ of mandamus sustained. Preliminary writ ordered to issue returnable to Court en banc within thirty days.



SC98009State ex rel. Monsanto Company, Relator, vs. The Honorable Michael K. Mullen, Respondent.

Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en banc within fifteen days.

Relator's motion to expedite overruled as moot.



SC98013State ex rel. Terrance Smith, Relator, vs. The Honorable Sherrill Roberts, Respondent.

Petition for writ of prohibition denied.



SC98024State ex rel. Darrin Lamasa, Relator, vs. The Honorable Michael Wright, Respondent.

Petition for writ of prohibition denied.

Relator's motion for stay overruled as moot.



SC97996State ex rel. Michael C. Jamerson, Petitioner, vs. Jason Lewis, Respondent.

Petition for writ of habeas corpus denied.

Petitioner's motion for appointment of counsel overruled.

Petitioner's motion to request a published opinion upon conclusion of the case overruled.



SC98028State ex rel. Michael H. Lind, Relator, vs. The Honorable Kelly W. Parker, Respondent.

Petition for writ of mandamus denied.

Relator's request for judicial notice overruled as moot.



SC98052State ex rel. Vance Clark, Relator, vs. The Honorable Jerel Lee Poor II, Respondent.

Petition for writ of prohibition denied.



MOTIONS

SC97475Business Aviation, LLC and Vaughn C. Zimmerman, et al., Appellants, vs. Director of Revenue, Respondent.

Appellants' motion for attorneys fees and expenses overruled.



SC97235Nina Theroff, Respondent, vs. Dollar Tree Stores, Inc. and Janie Harper, Appellants.

Appellants' motion to supplement the record on appeal overruled.








The next regular conference of Court en Banc will be on October 1, 2019.


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