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Minutes of March 7, 2023


Supreme Court of Missouri
en banc

March 7, 2023


OPINION BY BRECKENRIDGE, J.

SC98907James J. Wilson, et al., Respondents/Cross-Appellants, vs. City of St. Louis, et al., Respondents, and Adam Layne, Appellant/Cross-Respondent. City of St. Louis, Respondent, vs. State of Missouri, Appellant/Cross-Respondent.

AFFIRMED IN PART AND REVERSED IN PART. All concur.





MOTIONS FOR REHEARING

SC99715Brock Smith, Appellant, vs. St. Louis County Police, et al., Respondents.

Appellant's motion for rehearing overruled.



SC99714Gary Nelson Ford, Appellant, vs. Col. Jon Belmar, Chief of Police as Chief Law Enforcement Officer of St. Louis County, pursuant to County Charter, and Missouri State Highway Patrol, and Jim Buckles, Sheriff of St. Louis County as "Chief Law Enforcement Official" as defined by RSMo 589.404(3), Respondents.

Appellant's motion for rehearing overruled.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC99920Donald Brooks, Appellant, vs. William J. Laurie and Crown Center Farms, Inc., Respondents.

Respondents' application for transfer from the Missouri Court of Appeals, No. WD85031, denied.



SC99934State of Missouri, Respondent, vs. Billy L. Wagner II, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED109940, denied.



SC99941State of Missouri, Appellant, vs. Samuel Allen Meador, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD37297, denied.



SC99943State of Missouri ex rel. K2W Precision, Inc., d/b/a Keizer Aluminum Wheels, Inc., Relator, vs. The Honorable Joseph A. Rathert, Judge of the Missouri Circuit Court, Twenty-Third Judicial Circuit (Jefferson County), Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED111117, denied.



SC99946T.J.W., Individually, and A.N.M.T.-W., by T.J.W. as Next Friend, Respondents, vs. K.T., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD37065, denied.



SC99948State of Missouri, Respondent, vs. Timothy J. Perkins, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED109896, denied.



SC99950Betty Mendelson, Appellant, vs. Lisa McLaughlin as the Personal Representative of the Estate of Paul Mendelson, Defendant, Bankers Standard Insurance Company, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110315, denied.



SC99951Collector of Winchester, Missouri, and City of Winchester, Missouri, Respondents, vs. Charter Communications, Inc., and Charter Communications, LLC, Defendants, Charter Fiberlink-Missouri, LLC, and Charter Advanced Services (MO), LLC, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED109513 consolidated with No. ED109514, denied. Russell, J., not participating.



SC99952SEMO Services, Inc., Appellant, and Lori Warner, et al., Plaintiffs, vs. BNSF Railway Company, Respondent, and R.J. Corman Railroad Group, LLC, et al., Defendants.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110326, denied.



SC99953Lori L. Pults, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110064, denied.



SC99955John Brewer, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110321, denied.



SC99957State of Missouri, Respondent, vs. James Eugene Logan, Appellant.

Appellant's application for transfer prior to disposition from the Missouri Court of Appeals, No. WD85831, denied.



SC99977State of Missouri, Appellant, vs. Semaj Harris, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84640, sustained and cause ordered transferred.



WRITS AND OTHER ORIGINAL PROCEEDINGS

SC99935State ex rel. Thomas E. Tharp, Individually and as Personal Representative of the Estate of Paula M. Tharp, Relator, vs. The Honorable Kenneth R. Garrett III, Respondent.

Petition for writ of prohibition or, in the alternative, mandamus denied.



SC99939State ex rel. Tracy Rank, Relator, vs. The Honorable Keith M. Bail, Respondent.

Petition for writ of prohibition denied.



SC99936State ex rel. Byron L. East and Maurice Wilson, Relators, vs. The Honorable John D. Beger, Respondent.

Petition for writ of prohibition denied.



SC99958State ex rel. Rhamir Washington, Relator, vs. The Honorable Joshua Devine, Respondent.

Petition for writ of prohibition or, in the alternative, mandamus denied.



SC99969State ex rel. Alexander Snow, Petitioner, vs. State of Missouri, Respondent.

Petition for writ of habeas corpus denied.



SC99975State ex rel. Hosea Lee Robinson, Sr., Petitioner, vs. State of Missouri and Kimberly M. Gardner, Respondents.

Petition for writ of mandamus denied.



MOTIONS

SC93248State ex rel. Tyrone Desante Morant, Petitioner, vs. Ian Wallace, Superintendent, Respondent.

Motion to recall the mandate and order of July 19, 2016, vacate petitioner's sentences and remand for a new sentencing proceeding overruled.






The next regular conference of Court en Banc will be on April 4, 2023.


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