Supreme Court of Missouri
en banc

August 14, 2012

OPINION BY BRECKENRIDGE, J.
SC91802	State of Missouri ex rel. SLAH, L.L.C., Respondent, vs. City of Woodson Terrace, Missouri, a municipal corporation, et al., Appellants.
	REVERSED AND REMANDED. Teitelman, C.J., Russell, Fischer and Stith, JJ., and Hayes, Sp.J., concur. Draper, J., not participating.

OPINION BY BRECKENRIDGE, J.
SC92145	Deborah Hervey, Respondent, vs. Missouri Department of Corrections, Appellant.
	REVERSED AND REMANDED. Russell, Fischer and Stith, JJ., concur; Draper, J., dissents in separate opinion filed; Teitelman, C.J., concurs in opinion of Draper, J.

OPINION BY BRECKENRIDGE, J.
SC92291	Whelan Security Co., Appellant, vs. Charles Kennebrew, Sr., and W. Landon Morgan, Respondents.
	REVERSED AND REMANDED. Teitelman, C.J., Russell, Fischer and Stith, JJ., and Beetem, Sp.J., concur. Draper, J., not participating.

MOTIONS FOR REHEARING
SC91255	Scott A. McLaughlin, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for rehearing overruled. Draper, J., not participating.

SC91746	Carman L. Deck, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for rehearing overruled.

SC91948	State of Missouri, Respondent, vs. David Bryan Miller, Appellant.
	Appellant's motion for rehearing or rehearing en banc overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC92231	Cheryl Goad, Deceased, Wesley Goad, Widower, Appellant, vs. Treasurer of the State of Missouri-Custodian of the Second Injury Fund, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD72820, denied.

SC92520	Charzetta Steele, Appellant, vs. Shelter Mutual Insurance Company, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96625, sustained and cause ordered transferred. Draper, J., not participating.

SC92557	State of Missouri, Respondent, vs. Katherine C. Martin, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30957, denied.

SC92559	In the Matter of the Estate of Jacqueline A. Bradley, a/k/a, Jacqueline A. Smith Bradley, Deceased, Brian A. Brown, Appellant, vs. Everlena C. Lane, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97075, denied. Draper, J., not participating.

SC92590	William Hargis and Mary Hargis, Respondents, vs. Randall Lankford, Respondent, and Darrel Routledge, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31215, denied.

SC92591	Sherry Smith and Donna Triplett, Respondents, vs. Missouri Highways and Transportation Commission, Appellant.
	Respondent Sherry Smith's application for transfer from the Missouri Court of Appeals, No. SD31590, denied.

SC92592	State of Missouri, Respondent, vs. Allen W. Hause, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73643, denied.

SC92594	Janet Chochorowski, individually and as the representative of a class of similarly-situated persons, Appellant, vs. Home Depot U.S.A., d/b/a The Home Depot, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97339, sustained and cause ordered transferred. Draper, J., not participating.

SC92596	Metropolitan St. Louis Sewer District, Respondent, vs. St. Ann Plaza, Inc. and Tomax Development Corporation, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED96512, denied. Draper, J., not participating.

SC92597	Oney Hellems, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95727, denied. Draper, J., not participating.

SC92598	State of Missouri, Respondent, vs. Omoruyi N. Obasogie, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96477, denied. Draper, J., not participating.

SC92600	Barbara Brown, Appellant, vs. John Atwell and New Prime, Inc., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31634, denied.

SC92601	Laurence Epstein, et al., Respondents/Cross-Appellants, vs. Villa Dorado Condominium Association, Inc., Appellant/Cross-Respondent.
	Respondents/Cross-Appellants' application for transfer from the Missouri Court of Appeals, Nos. ED96777 and ED96778, denied. Draper, J., not participating.

SC92604	State of Missouri, Respondent, vs. Sean K. Buford, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95825, denied. Draper, J., not participating.

SC92605	State of Missouri, Respondent, vs. Darroyl Buffington, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95459, denied. Draper, J., not participating.

SC92606	Alisha Marzette, et al., Respondents, vs. Anheuser-Busch, Inc., et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED97160, denied. Draper, J., not participating.

SC92607	City of University City, et al., Plaintiffs, City of Lebanon, Appellant, vs. AT&T Wireless Services, et al., Defendants, Alltel Communications, LLC, et al., Respondents.
	Appellant City of Lebanon's application for transfer from the Missouri Court of Appeals, No. ED96940, denied. Draper, J., not participating.

SC92608	Aaron A. Williams, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97351, denied. Draper, J., not participating.

SC92610	Eldon Bugg, Appellant, vs. City of Boonville, a Municipal Corporation, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74377, denied.

SC92611	Jerrikua Thomas, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96914, denied. Draper, J., not participating.

SC92612	State of Missouri, Respondent, vs. Travis Allen Bush, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73738, denied.

SC92613	State of Missouri, Respondent, vs. Danny Lee Bounds, Appellant.
	Appellant's amended application for transfer from the Missouri Court of Appeals, No. WD73638, denied.

SC92614	Vincetta Spero, Appellant, vs. Sylvia Mason, et al., Respondents.
	Respondent Ramilo J. Gatapia, M.D.'s application for transfer from the Missouri Court of Appeals, No. WD74016, denied. Respondent Charles Albin's application for transfer from the Missouri Court of Appeals, No. WD74016, denied. Respondent Sylvia Mason's application for transfer from the Missouri Court of Appeals, No. WD74016, denied.

SC92616	Sean Lee Sykes, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73556, denied. Fischer, J., not participating.

SC92617	Tyrone E. Henderson, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73317, denied.

SC92619	John Doe, by and through guardian ad litem, Yvonne Subia, Apellant, vs. Kansas City, Missouri School District, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD73800, denied.

SC92623	Rivermont Village, Inc., Respondent, vs. Preferred Land Title, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31254, denied.

SC92624	T. Lee Nigro, M.D., Appellant, vs. St. Joseph Medical Center and Sheryl Davis, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73810, denied.

SC92625	State of Missouri ex rel. Deutsche Bank National Trust Company as Trustee for Soundview Home Loan Trust 2006-WF2, Relator, vs. The Honorable David P. Chamberlain, Judge of the Circuit Court of Clay County, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD74826, denied.

SC92626	State of Missouri, Respondent, vs. Joseph B. Sprofera, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73213, denied.

SC92627	The National Benevolent Association of the Christian Church (Disciples of Christ), Reorganized Debtors d/b/a Disciples Benevolent Services and State of Missouri ex rel. Chris Koster, Attorney General of Missouri, Appellants, vs. Weil, Gotshal, & Manges, LLP, Respondent.
	Appellant The National Benevolent Association of the Christian Church's application for transfer from the Missouri Court of Appeals, No. ED96951, denied. Draper, J., not participating.

SC92628	Bret Miller and Natalie Miller, Appellants, vs. City of Wentzville, Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED97251, denied. Draper, J., not participating.

SC92630	American Equity Mortgage, Inc., Respondent, vs. Ray Vinson, Jr., Defendant, and Vinson Mortgage Services, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97103, denied. Draper, J., not participating.

SC92631	State of Missouri, Respondent, vs. David N.C. Sachs, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72821, denied.

SC92632	P.G.C., Respondent, vs. Jon Scott Shell, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73927, denied.

SC92636	Lisa Grissom, Respondent, vs. First National Insurance Agency, et al., Defendants, vs. General Insurance Company of America, Appellant.
	Respondent Lisa Grissom's application for transfer from the Missouri Court of Appeals, No. SD31400, denied.

SC92639	China Worldbest Group Co., Ltd., Appellant/Cross-Respondent, vs. Empire Bank, Respondent/Cross-Appellant.
	Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, Nos. SD30453 and SD30487, denied.

SC92514	Karen Ray Westcott, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73934, denied.

SC92633	State of Missouri, Respondent, vs. Kevin C. Durham, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95133, denied. Draper, J., not participating.

SC92660	In the Matter of the Care and Treatment of John Gormon
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96611, denied. Draper, J., not participating.

SC92673	Louis C. Accurso, Appellant-Respondent, vs. Kimberly Ann Accurso, Respondent-Appellant.
	Respondent-Appellant's application for transfer from the Missouri Court of Appeals, No. WD72727 consolidated with WD72784, denied.

SC92674	Kerry Inman and Tina Inman, Appellants, vs. Nicholas Dominguez, Defendant, vs. Con-Way Truckload, Inc., d/b/a Contract Freighters, Inc., Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD31441, denied.

SC92675	Tara L. Ward, et al., Appellants, vs. West County Motor Company, Inc., d/b/a West County BMW, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED97592, sustained and cause ordered transferred. Draper, J., not participating.

SC92676	State of Missouri, Respondent, vs. Dione L. Schwartz, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96713, denied. Draper, J., not participating.

SC92679	Bradford Charles, Respondent, vs. Consumer Insurance, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD73315 (consolidated with WD73363), denied.

SC92680	William Patrick Hill and Jacques Hughes, Respondents/Cross-Appellants, vs. City of St. Louis, Missouri, Defendant, and James Murphy, in his official capacity as Sheriff for the City of St. Louis, Missouri, Appellant/Cross-Respondent.
	Respondents/Cross-Appellants' application for transfer from the Missouri Court of Appeals, No. ED96207 consolidated with ED96174, denied. Draper, J., not participating. Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, No. ED96207 consolidated with ED96174, denied. Draper, J., not participating.

SC92681	State of Missouri, Respondent, vs. Rickey E. Ferdinand, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73610, denied.

SC92685	Nick R. Harvey, Respondent, vs. Director of Revenue, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72606, denied.

SC92686	Larry J. Brotherton and Ida F. Brotherton, Appellants, vs. Charles Leffler, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD74304, denied.

SC92687	Angela Phelps, et al., Appellants, vs. City of Kansas City, Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD74287, denied.

SC92690	Lenton Eason, Appellant, vs. Treasurer of the State of Missouri - Custodian of the Second Injury Fund, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD74209, denied.

SC92693	Wally & Co., L.C., Appellant, vs. Briarcliff Development Co., et al., Respondents.
	Respondent Briarcliff Development Company's application for transfer from the Missouri Court of Appeals, No. WD74267, denied.

SC92695	State of Missouri, Respondent, vs. Trent William Fay, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73020, denied.

SC92696	Gregory Sherf, Appellant, vs. Chris Koster, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73952, denied.

SC92697	The Fireworks Restoration Company, L.L.C., Respondent, vs. Michael D. Hosto, Appellant, John Doe, Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97181, denied. Draper, J., not participating.

SC92698	In the Interest of I.R.S., B.S., and C.T.S. G.K.S., Jr., Appellant, vs. The Greene County Juvenile Office, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, Nos. SD31225, SD31226, and SD31227 (consolidated), denied.

SC92699	In the Interest of I.R.S., B.S., and C.T.S. J.L.T., Appellant, vs. The Greene County Juvenile Office, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, Nos. SD31312, SD31313, and SD31314 (consolidated), denied.

SC92700	Alice Roberts, et al., Appellants, vs. BJC Health System, d/b/a BJC Healthcare, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED96650, sustained and cause ordered transferred. Draper, J., not participating.

SC92702	John Olsen, Respondent, vs. Javed Q. Siddiqi, Defendant, and Global BizDimensions, LLC, Respondent, and American Family Mutual Insurance Company, Appellant.
	Respondent John Olsen's application for transfer from the Missouri Court of Appeals, No. ED97455, denied. Draper, J., not participating.

SC92707	John A. Heuer, Individually and as Personal Representative of the Estate of Ivan Heuer, Deceased, Appellant, vs. JJP Investments, LLC, Defendant, and the City of Cape Girardeau, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED96721, denied. Draper, J., not participating.

SC92708	In the Interest of: C.D.L. Greene County Juvenile Office, Respondent, vs. V.D.L., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31696, denied.

SC92711	Adela Otte and Donnie Scott, Appellants, vs. Dean A. Edwards, Sr., Dinnell Edwards, and Dean Edwards, Jr., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED97404, denied. Draper, J., not participating.

SC92712	State of Missouri, Respondent, vs. Brandon C. McGuire, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96750, denied. Draper, J., not participating.

SC92713	In the Interest of D.M.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97662, denied.

SC92714	Duane T. Akright, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97098, denied. Draper, J., not participating.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC92533	State ex rel. James Michael Steele, Petitioner, vs. Larry Denney, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled.

SC92587	State ex rel. Steven Shaw, Petitioner, vs. James Hurley, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC92593	State ex rel. Michael Rauch, Petitioner, vs. Larry Denney, Warden, Respondent.
	Petition for writ of habeas corpus denied.

SC92622	State ex rel. Daryl Talbert, Relator, vs. The Honorable Stanley Moore, Respondent.
	Petition for writ of mandamus denied.

SC92637	State ex rel. Chris Richard Barry, Relator, vs. The Honorable Maura B. McShane, Respondent.
	Petition for writ of mandamus denied. Relator's motion to expedite overruled.

SC92577	State ex rel. Bradley E. St. John, Petitioner, vs. Jeff Norman, Respondent.
	Petition for writ of habeas corpus denied.

SC92595	State ex rel. Albert G. Turner, Petitioner, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied.

SC92647	State ex rel. Jeanette Tolen, Relator, vs. The Honorable Richard C. Bresnahan, Respondent.
	Petition for writ of prohibition denied. Relator's motion to expedite consideration of petition for writ of prohibition overruled.

SC92651	State ex rel. Paula Marie Gianella, Relator, vs. Alan D. Pratzel, Respondent.
	Petition for writ of mandamus denied.

SC92654	State ex rel. Moffett Engineering, Ltd., Relator, vs. The Honorable Troy Cardona, Respondent.
	Petition for writ of prohibition denied.

SC92659	State ex rel. Richard C. Davis, Petitioner, vs. Kenneth Conlee, Respondent.
	Petition for writ of habeas corpus denied.

SC92655	State ex rel. Stephen Green, Petitioner, vs. Jennifer Sachse, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of pro bono counsel or counsel from the Missouri Public Defender's office overruled.

SC92710	State ex rel. Kevin Finger, Petitioner, vs. M. Jane Schweitzer, Clerk, St. Louis City Circuit Court, Respondent.
	Petition for writ of mandamus denied.

SC92645	State ex rel. Fredrick T. Gant, Petitioner, vs. Missouri Board of Probation and Parole, Respondent.
	Petition for writ of habeas corpus and/or mandamus denied without prejudice pursuant to Rule 84.22(a).

SC92666	State ex rel. Jacob Meeks, Petitioner, vs. State of Missouri, et al., and Jennifer Sachse, Respondents.
	Petition for writ of habeas corpus denied. Petitioner's motion to expedite overruled.

SC92667	State ex rel. Jacob Meeks, Petitioner, vs. State of Missouri, et al., and Jennifer Sachse,Warden, Respondents.
	Petition for writ of habeas corpus denied. Petitioner's motion to expedite overruled.

SC92684	State ex rel. Jacob Meeks, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion to expedite overruled.

SC92668	State ex rel. Boyce Lamarr Blanchard, Petitioner, vs. State of Missouri, et al., and Jennifer Sachse, Warden, Respondents.
	Petition for writ of habeas corpus denied. Petitioner's motion to expedite overruled.

SC92716	State ex rel. David Clohessy, in his capacity as Director of the Survivors Network of those Abused by Priests, Relator, vs. The Honorable Ann J. Mesle, Respondent.
	Petition for writ of prohibition denied. Relator's motion to shorten time pursuant to Rule 84.24(e) overruled as moot.

MOTIONS
SC92646	Bonzella Smith and Isaiah Hair, Respondents/Cross-Appellants, and Cheryl Nelson and Elke McIntosh, Respondents/Cross-Appellants, vs. City of St. Louis, Board of Aldermen for the City of St. Louis, TIF Commission for the City of St. Louis, and Northside Regeneration, LLC, Appellants/Cross-Respondents.
	Appellant/Cross-Respondent Northside Regeneration, LLC's motion to dismiss appeal overruled.

SC92678	Seun Inta, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for leave to file late notice of appeal overruled.

SC86225	State of Missouri, Respondent, vs. Melvin Leroy Tyler, Appellant.
	Appellant's motion to recall mandate with order to show cause directed to the Honorable Jon Beetem, Morgan Ditch, Chris Koster, and Missouri State Attorney Generals overruled. Appellant's motion for a protective order overruled.

SC91668	Kevin Bromwell, et al., Appellants, vs. Jeremiah Nixon, et al., Respondents.
	Appellants' motion to recall the mandate seeking sanctions against the state attorney general and judges of Cole County Circuit Court requesting writ of habeas corpus issue pursuant to VAMR 91.06; VAMS 532.070 appropriate relief overruled.

Day - to - Day,


____________________________________
Richard B. Teitelman
Chief Justice