Supreme Court of Missouri
en banc

September 25, 2012

OPINION BY BRECKENRIDGE, J.
SC91760	State of Missouri, Respondent, vs. Melvin Stover, Jr., Appellant.
	REVERSED AND REMANDED. Teitelman, C.J., Russell, Stith and Draper, JJ., concur; Fischer, J., dissents in separate opinion filed.

MOTIONS FOR REHEARING
SC92208	Arnaz Crawford, Appellant, vs. Division of Employment Security, Respondent.
	Appellant's motion for rehearing or to modify opinion overruled. Draper, J., not participating.

SC91867	Deborah Watts as Next Friend for Naython Kayne Watts, Appellant/Cross-Respondent, vs. Lester E. Cox Medical Centers d/b/a Family Medical Care Center, Lester E. Cox Medical Centers, Respondent, Melissa R. Herrman, M.D., Matthew P. Green, D.O., and William S. Kelly M.D., Respondents/Cross-Appellants.
	Respondent and Respondents/Cross-Appellants' motion for rehearing overruled. Opinion modified on Court's own motion. Fischer, J., not participating.

SC92098	Carolynne M. Kieffer, Appellant, vs. Jennifer Icaza, Ramiro Icaza, and Dianne Icaza, Respondents.
	Appellant's Rule 84.17 motion for rehearing overruled. Draper, J., not participating.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC92603	Johnathan David McCune, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72812, denied.

SC92615	David A. McNeal, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96796, sustained and cause ordered transferred. Draper, J., not participating.

SC92662	Francis Graham, Respondent, vs. State Farm Mutual Automobile Insurance Company, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED97421, denied. Draper, J., not participating.

SC92682	Reva Billings and William Morrison, Appellants, vs. Division of Employment Security, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED96592, sustained and cause ordered transferred. Draper, J., not participating.

SC92688	Shawn Jefferson, Respondent, vs. Lyon Sheet Metal Works, Appellant, Chilimack's Union Couriers, L.L.C., and Durwin Petterson, Jr., Defendants.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED96338, denied. Draper, J., not participating.

SC92694	State of Missouri, Respondent, vs. Kenneth William Register, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD73390, denied.

SC92705	Kenneth Darnel Goins, Appellant, vs. Lori Denese Goins, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96656, denied. Draper, J., not participating.

SC92706	Phyllis Delaney, Appellant, vs. Signature Health Care Foundation, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED97419, denied. Draper, J., not participating.

SC92729	Patty Sue, Inc., d/b/a Ruthie's Bar, Appellant, vs. City of Springfield, Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31660, denied.

SC92731	Shelley C. Vahey, Respondent, vs. David R. Steward, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97831, denied.

SC92735	State of Missouri, Respondent, vs. Kenneth J. Richie, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96753, denied.

SC92739	Darold Walker, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97410, denied.

SC92740	State of Missouri, Respondent, vs. Glenn L. Joseph, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97016, denied.

SC92742	Xiaoran "Sharon" Fu, Respondent, vs. Neeraja Vemulapalli, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97172, denied.

SC92743	Carol S. Roedder, Personal Representative of the Estate of Eugene D. Roedder, Appellant, vs. Cheryl A. Callis and Kortenhof & Ely, PC, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED97105, denied.

SC92744	State of Missouri, Respondent, vs. Tizzy L. Dickerson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97008, denied.

SC92745	State of Missouri ex rel. Chris Koster, Attorney General, Relator, vs. Honorable Shawn McCarver, Associate Circuit Judge, St. Francois County, Missouri, and Vicki Weible, Circuit Clerk, St. Francois County, Respondents.
	Relator's application for transfer from the Missouri Court of Appeals, No. ED97414, denied.

SC92747	Michael Hoelscher, et al., Appellants, vs. Miller's First Insurance Company, et al., Respondents.
	Appellants Michael Hoelscher and Theresa Hoelscher's application for transfer from the Missouri Court of Appeals, No. WD73681, denied.

SC92758	Graeme and Katy Abbott, Appellants-Respondents, vs. Missouri Gas Energy, Respondent-Appellant.
	Appellants-Respondents' application for transfer from the Missouri Court of Appeals, Nos. WD74239 and WD74256, denied.

SC92760	Extended Stay Inc.; ESA Management L.L.C.; HVM L.L.C.; BRE/ESA Portfolio TXNC Properties L.P.; BRE/ESA P Portfolio L.L.C.; BRE/ESA P Portfolio MD Trust; BRE/ESA Properties L.L.C.; BRE/ESA PA Properties L.L.C.; BRE/ESA FL Properties L.L.C.; BRE/ESA MN Properties L.L.C.; BRE/ESA TX Properties L.P.; and BRE/ESA MD Properties Business Trust, Appellants, vs. American Automobile Insurance Company, et al., Defendants, vs. International Placement Services, Inc., Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED97109, denied.

SC92764	Patricia Hansen, Appellant, vs. Wire Machinery Corporation of America, et al., Defendants, Randy Ritter and Randy Snyder, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74115, denied.

SC92766	In the Interest of: I.G.P. K.D.P. (Mother), Appellant, vs. Juvenile Officer, Respondent, Missouri Children's Division, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74598, denied.

SC92768	Zach McGuire, et al., Respondents, vs. Kenoma, LLC, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD74022, denied.

SC92769	Colonial Presbyterian Church, Respondent, vs. Heartland Presbytery, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74374, denied.

SC92770	Darren Berry, et al., Respondents, vs. Volkswagon Group of America, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73974, sustained and cause ordered transferred. Breckenridge, J., not participating. Respondents' application for transfer from the Missouri Court of Appeals, No. WD73974, sustained and cause ordered transferred. Breckenridge, J., not participating.

SC92771	Joseph H. Kerwin, D.D.S., Appellant, vs. Missouri Dental Board, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74129, denied.

SC92772	M. Louise Ressler, Appellant, vs. Clay County, Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73601, denied.

SC92773	Roberta Smith, Respondent, vs. Hillary Hofmann, M.D., et al., Appellants.
	Appellant St. Joseph Medical Center's application for transfer from the Missouri Court of Appeals, Nos. WD73565 and WD73569, denied. Appellant Hillary Hofmann, M.D.'s application for transfer from the Missouri Court of Appeals, Nos. WD73565 and WD73569, denied.

SC92774	In the Interest of D.L.S., Jr., Appellant, vs. Juvenile Officer, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73718, denied.

SC92776	Ricky Sieg and Jennifer Sieg, Respondents, vs. International Environmental Management, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74100, denied.

SC92782	Darryl T. Jones, et al., Respondents, vs. Gregg Paradies, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED97619, denied.

SC92790	John Doe 1631, Appellant, vs. Quest Diagnostics, Inc., and Quest Diagnostics Clinical Laboratories, Inc., d/b/a Quest Diagnostics, Respondents, and LabOne, Inc., Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96516, sustained and cause ordered transferred.

SC92794	Christian R. Schneider, Respondent, vs. Rita A. Clevenger, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96172, denied.

SC92808	Gateway Hotel Holdings, Inc., Richfield Hospitality Services, Inc., Richfield Holdings, Inc., Liberty Mutual Fire Insurance Company, and Liberty Mutual Group, Appellants, vs. Chapman-Sander, Inc., and Tom Bormann, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED97066, sustained and cause ordered transferred. Cause ordered retransferred to Missouri Court of Appeals, Eastern District, for reconsideration in light of Emerson Electric Co., Appellant, vs. Marsh & McLennan Companies, et al., Respondents, 362 S.W.3d 7 (Mo. banc 2012).

SC92810	Tawanda Johnson, Respondent, vs. Phillip H. March, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96630, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC92599	In re: Muhamed Hasic, Appellant.
	Appeal from decision of the Board of Law Examiners denied.

SC92609	State ex rel. Randy McKeller, Petitioner, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for interlocutory order of default overruled.

SC92664	State ex rel. Keith Young, Petitioner, vs. Jean Ann Johnson, Warden, and Ellis McSwain, Chairman, Probation and Parole, Respondents.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled. Petitioner's motion for reconsideration and for senior circuit three-judge court convene overruled.

SC92715	State ex rel. Christine Trampler, Relator, vs. The Honorable William L. Syler, Respondent.
	Petition for writ of mandamus denied. Draper, J., not participating.

SC92671	State ex rel. Douglas Thompson, Petitioner, vs. Larry Denney, Warden, Respondent.
	Petition for writ of habeas corpus denied.

SC92722	State ex rel. Bobby Turkington, Petitioner, vs. Jeff Norman, Warden, Respondent.
	Petition for the common law writ of habeas corpus pursuant to article I, section 12 of the Missouri Constitution denied.

SC92652	State ex rel. Anthony Washington, Petitioner, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied.

SC92724	State ex rel. Avinash Jadhav, Relator, vs. The Honorable Jodie C. Asel, Respondent.
	Petition for writ of prohibition denied.

SC92725	State ex rel. Progressive Northwestern Insurance Company, Relator, vs. The Honorable Edith L. Messina, Respondent.
	Petition for writ of prohibition denied.

SC92737	State ex rel. Hassan Latif Khaalid a/k/a Marvel Jones, Petitioner, vs. Michael Bowersox, Warden, Respondent.
	Petition for writ of habeas corpus denied.

SC92748	State ex rel. Robert J. and Debra S. Hellman, Relators, vs. The Honorable Bruce E. Colyer, Respondent.
	Petition for writ of prohibition denied.

SC92753	State ex rel. Catholic Diocese of Kansas City-St. Joseph, Relator, vs. The Honorable Michael W. Manners, Respondent.
	Petition for writ of prohibition denied.

SC92761	State ex rel. Michael Hoelscher, et al., Relators, vs. The Honorable Robert Schollmeyer, Marilue Hemmel, Cole County Circuit Clerk, and Terence G. Lord, Clerk, Missouri Court of Appeals, W.D., Respondents.
	Petition for writ of mandamus denied.

SC92765	State ex rel. Anthony Shaw, Petitioner, vs. Larry Denney, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC92759	State ex rel. George Williams, Jr., Petitioner, vs. State of Missouri and Jennifer Sachse, Warden, Respondents.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22 Petitioner's motion to expedite overruled as moot.

SC92728	State ex rel. Malcolm Weston, Petitioner, vs. Missouri Board of Probation and Parole, Respondent.
	Petition for writ of habeas corpus or, in the alternative, mandamus denied.

SC92783	State ex rel. Infomedia, Inc., Relator, vs. The Honorable Thomas Prebil, Respondent.
	Petition for writ of prohibition or, in the alternative, for writ of mandamus denied.

SC92795	State ex rel. Jacobus P. Swanepoel, Relator, vs. The Honorable Owens Lee Hull, Jr., Respondent.
	Petition for writ of mandamus and/or prohibition denied.

SC92800	State ex rel. Tim E. Dollar, The Law Offices of Tim Dollar, n/k/a Dollar, Burns & Becker, LLC, Michael P. Healy, and the Healy Law Firm, LLC, Relators, vs. The Honorable Sandra C. Midkiff, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ of prohibition ordered to issue returnable to Court en Banc within thirty days. Breckenridge, J., not participating.

SC92801	State ex rel. Dennis Sanchez, Erin Georges, Medevac Medical Response, Inc., and Abbott Ambulance, Inc., Relators, vs. The Honorable Kristine Kerr, Respondent.
	Petition for writ of prohibition denied.

SC92803	State ex rel. Kathy McClure and Delmar Gardens Private Services, Relators, vs. The Honorable Troy Cardona, Respondent.
	Petition for writ of prohibition denied without prejudice to seeking protective order or other appropriate relief.

SC92797	State ex rel. Tabari Freeman, Relator, vs. The Honorable Phillip Heagney, Respondent.
	Petition for writ of prohibition denied. Relator's motion to expedite overruled.

SC92813	State ex rel. Robin Collins, Relator, vs. The Honorable Michael J. Cordonnier, Respondent.
	Petition for writ of prohibition denied.

MOTIONS
SC83485	State of Missouri, Respondent, vs. Andre Cole, Appellant.
	Appellant's motion to recall the mandate overruled.

SC57512	State of Missouri, Respondent, vs. Jerry Lynn Parker, Appellant.
	Appellant's motion to recall the mandate overruled.

SC92585	Fred Droney, Appellant, vs. Col. Tim Fitch, et al., Respondents.
	Respondents' motion to transfer to the Missouri Court of Appeals, Eastern District sustained. Appellant's motion for extension of time to file response to Respondents' motion to transfer to the Missouri Court of Appeals, Eastern District overruled.

SC92469	State ex rel. St. Charles County, Missouri, Relator, vs. The Honorable Jon A. Cunningham, Respondent.
	Relator's motion to strike portions of Respondent's brief overruled. Relator's motion to strike Respondent's pleadings overruled.

Day - to - Day,


____________________________________
Richard B. Teitelman
Chief Justice

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