Supreme Court of Missouri
en banc

February 26, 2013

OPINION BY BRECKENRIDGE, J.
SC92402	State of Missouri, Respondent, vs. Kevin E. Hicks, Appellant.
	AFFIRMED IN PART; VACATED IN PART. Teitelman, C.J., Russell, Fischer, Stith and Draper, JJ., concur. Wilson, J., not participating.

OPINION BY DRAPER, J.
SC92469	State ex rel. St. Charles County, Missouri, Relator, vs. The Honorable Jon A. Cunningham, Respondent.
	WRIT QUASHED. Teitelman, C.J., Russell and Stith, JJ., concur; Fischer, J., dissents in separate opinion filed; Breckenridge, J., concurs in opinion of Fischer, J. Wilson, J., not participating.

OPINION BY DRAPER, J.
SC92486	Robert and Donna Bateman, Appellants, vs. Cathy Rinehart, Assessor, Respondent.
	AFFIRMED. Russell, Breckenridge and Fischer, JJ., concur; Teitelman, C.J., dissents in separate opinion filed; Stith, J., concurs in opinion of Teitelman, C.J. Wilson, J., not participating.

MOTIONS FOR REHEARING
SC92553	Charles R. Garris, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for rehearing overruled. Wilson, J., not participating.

SC92446	BASF Corporation, Appellant, vs. Director of Revenue, Respondent.
	Appellant's motion for rehearing overruled. Wilson, J., not participating.

SC92401	801 Skinker Boulevard Corporation, et al., Appellants, vs. Director of Revenue, Respondent.
	Respondent's motion to modify opinion overruled. Opinion modified on Court's own motion. Wilson, J., not participating.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC92969	State of Missouri, Respondent, vs. John S. Byers, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31758, denied.

SC92996	Rafael Lozano, Appellant, vs. BNSF Railway Company, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74486, sustained and cause ordered transferred.

SC93002	Steven C. Halper, Respondent, vs. Karen L. Halper, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED98178, denied.

SC93026	Columbia Casualty Company, Appellant, vs. Hiar Holding, L.L.C., and HMA Riverport L.L.C., and Karen S. Little, LLC, individually and on behalf of the other members of the certified class, as assignees, Respondents.
	Respondent Karen S. Little, LLC's application for transfer from the Missouri Court of Appeals, No. ED98253, sustained and cause ordered transferred.

SC93043	Lynn E. Embley, Appellant, vs. Jake Cody, Defendant, Design Manufacturing, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75028, denied.

SC93049	Ronald Armstrong, Appellant, vs. Tetra Pak, Inc., and Treasurer of the State of Missouri as Custodian of the Second Injury Fund, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31971, denied.

SC93052	In Re The Matter Of: Eric Robertson, Respondent, vs. State of Missouri, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74623, denied.

SC93054	State of Missouri, Respondent, vs. Michael Gene Gunn, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73350, denied.

SC93055	State of Missouri, Respondent, vs. Arnold Stephen Barber, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD74279, denied.

SC93058	New England Carpenters Pension Fund, derivatively on behalf of Leggett & Platt, Inc., Appellant, vs. David S. Haffner, Karl G. Glassman, Matthew C. Flanigan, Ernest C. Jett, Harry M. Cornell, Jr., Feliz E. Wright, Robert Ted Enloe III, Richard T. Fisher, Judy C. Odom, Maurice E. Purnell, Jr., Ralph W. Clark, and Michael A. Glauber, and Leggett & Platt, Inc., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. SD31320, denied.

SC93070	In re the Marriage of: Carol Susan Brewer, Respondent, vs. Loren Keith Brewer, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31816, denied.

SC93072	Ford Motor Credit Company, L.L.C., Respondent, vs. Devon C. Morris, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED98266, denied.

SC93074	State of Missouri, Respondent, vs. Jerry Ousley, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97047, sustained and cause ordered transferred.

SC93076	State of Missouri, Appellant, vs. Edward Roach, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED97952, denied.

SC93079	Kelly Jeanine Kirkpatrick, Respondent, vs. Missouri State Treasurer as Custodian of the Second Injury Fund, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31983, denied.

SC93082	Missouri Department of Transportation ex rel. On Point Contractors, LLC, Appellant, vs. Aura Contracting, LLC, Western Surety Company, and Missouri Highways and Transporation Commission, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED98458, denied.

SC93088	Thomas Bauer, Respondent, vs. 7-Eleven, Inc. and Randy C. Munton, Inc., Appellants.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED97989, denied.

SC93089	Tina Melagarejo-Snow, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97935, denied.

SC93090	State of Missouri, Respondent, vs. Yulris L. Watson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97303, denied.

SC93100	Kevin Rentfro, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97796, denied.

SC93108	State of Missouri, Respondent, vs. Denford Jackson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97113, sustained and cause ordered transferred.

SC93018	1010 St. Charles Unit 1002, L.L.C., Respondent, vs. Kemper Investors Life Insurance Company, Appellant, vs. Tenth Street Lofts Condominium Association, Inc., Respondent.
	Appellant Kemper Investors Life Insurance Company's application for transfer from the Missouri Court of Appeals, No. ED97472, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC93008	State ex rel. James Bryant, Petitioner, vs. Ian Wallace, Warden, and Missouri Board of Probation and Parole, Respondents.
	Petition for writ of habeas corpus denied.

SC93020	State ex rel. William J. Sitton, Petitioner, vs. Jeff Norman, Warden, Respondent.
	Petition for writ of habeas corpus sustained. Writ of habeas corpus ordered to issue returnable to Court en Banc in ten days.

SC93038	State ex rel. Arizona Hall, Petitioner, vs. Lenard Edwards, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for summary judgment overruled. Petitioner's motion for direct verdict overruled.

SC93034	State ex rel. Melvin Leroy Tyler, Petitioner, vs. Jeff Norman, Warden, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's petition for writ of habeas corpus ad testificandum, request for subpoena duces tecum, production and inspection, and court ordered depositions overruled as moot. Petitioner's motion for orders transferring the records in and to this Court overruled as moot. Petitioner's motion for a protective order against the State of Missouri, its agents, and successors in office requesting order to show cause overruled as moot. Petitioner's motion to compel the Missouri Court of Appeals, Western District, to provide a certified legal file and transcripts three certified copies including Petitioner's exhibits overruled as moot. Petitioner's motion for production and inspection of victim's underclothing, and hairs, and confiscated handgun for testing overruled as moot. Petitioner's motion for order to show cause overruled as moot. Petitioner's motion to transfer records cause SC86225 to this file overruled as moot. Petitioner's motion to compel DNA testing on weapon confiscated from Lawrence Wayne Byrne within a week after this home invasion in another home invasion overruled as moot. Petitioner's motion for writ of specific performance, suggestions in support of writ and objections to State's re-characterization of petition overruled as moot.

SC93064	State ex rel. Reginald H. Miller, Relator, vs. The Honorable James J. Gallagher, The Honorable Joan L. Moriarty, and the Circuit Court of St Louis, Missouri, Twenty-Second Judicial Circuit Court, Respondents.
	Relator's application for review and mandamus under section RSMo. 558.026.01 and Relator's amended application for a petition of writ of mandamus against the honorable judge of court of record denied.

SC93037	State ex rel. Terrance D. Meyers, Petitioner, vs. Chris Koster, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22.

SC93078	State ex rel. Kalfit Enterprises, LLC and Mike Kaliban, Relators, vs. The Honorable Stephen D. Bouchard, Respondent.
	Petition for writ of prohibition and/or mandamus denied.

SC93099	State ex rel. Mary Shedd, Relator, vs. The Honorable Daniel Pelikan, Respondent.
	Petition for writ of mandamus denied.

SC93059	State ex rel. Shannon J. Rollins, Petitioner, vs. Circuit Judge, Division #10, and State of Missouri, Respondents.
	Petition for writ of mandamus denied without prejudice.

MOTIONS
SC90285	Charles Rentschler, et al., Appellants, vs. Jeremiah Nixon, et al., Respondents.
	Appellant Roger Nolan's motion to recall the mandate overruled.

Day - to - Day,



____________________________________
Richard B. Teitelman
Chief Justice

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