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Minutes of April 5, 2022


Supreme Court of Missouri
en banc

April 5, 2022


OPINION BY POWELL, J.

SC99007All Star Awards & Ad Specialties, Inc., Appellant-Respondent, vs. HALO Branded Solutions, Inc., Respondent-Appellant.

AFFIRMED. Wilson, C.J., Russell, Breckenridge, Fischer and Ransom, JJ., concur; Draper, J., dissents.



OPINION BY RANSOM, J.

SC99317State of Missouri, Respondent, vs. Shawn W. Yount, Appellant.

REVERSED AND REMANDED. Wilson, C.J., Russell, Powell, Breckenridge and Fischer, JJ., concur; Draper, J., dissents in separate opinion filed.




MOTIONS FOR REHEARING

SC98959Tammy Ferry, Respondent, vs. The Board of Education of the Jefferson City Public School District, Appellant.
Respondent's motion for rehearing overruled. Russell, J., not participating.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC99419Christopher Zang, Appellant, vs. City of St. Charles, Missouri, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED109422, sustained and cause ordered transferred.



SC99476Carol Lowe, Respondent, vs. Mercy Clinic East Communities, Bryan Menges, D.O., James D. Cassat, M.D., and Mercy Hospitals East Communities, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED108826, denied.



SC99478Shannon Robinson, et al., Respondents, vs. Missouri Department of Health and Senior Services, Respondent; St. Louis County, Appellant; Board of Trustees, Livingston County Health Center and Melanie Hutton, Administrator, Cooper County Public Health Center, Appellants; Jefferson County Health Center, Appellant; Jackson County, Missouri, Appellant.

Appellants' application for transfer prior to disposition from the Missouri Court of Appeals, No. WD85070 consolidated with No. WD85071, No. WD85074, No. WD85075, and No. WD85076, denied.



SC99498Wanda L. Alberts, et al., Appellants, vs. Turnbull Conway, P.C. (f/k/a Turnbull & Stark, P.C.) and Stephen Christopher Conway, Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD84235, denied.



SC99501Daniel Yee, Personal Representative of the Estate of Thic Lem Toy, Respondent, vs. Nancy Choi, et al., Respondents; Sammy Choi, Seto Choi, and Wing Choi, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD84229, denied.



SC99503State of Missouri ex rel. John L. Putnam, M.D., Appellant, vs. State Board of Registration for the Healing Arts and the Administrative Hearing Commission, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84394, denied.



SC99505State of Missouri ex rel. Eric S. Schmitt, Relator, vs. The Honorable Kevin Crane, Circuit Judge of Callaway County, and Megan Morse, Circuit Clerk of Callaway County, Respondents.

Relator's application for transfer from the Missouri Court of Appeals, No. WD84866, denied.



SC99506In the Interest of: T.R.T., Appellant, vs. Juvenile Officer, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84167, denied.



SC99509Joe D. Brown, in his Capacity as Successor Trustee of the George E. Heard Revocable Trust, Dated February 24, 2000, Respondent, vs. Douglas Lee Barnes and Kyle Barnes, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD84279, denied.



SC99510Ronald Williams, Respondent, vs. City of Kansas City, Missouri, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83835 consolidated with No. WD83938, denied.



SC99511State of Missouri, Respondent, vs. Eric Dewane Busey, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83720, denied.



SC99512Alvin Brockington, Individually and On Behalf of All Similarly-Situated, Appellant, vs. New Horizons Enterprises, LLC, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83838, sustained and cause ordered transferred.



SC99514K.C. Air Cargo Services, Inc., Respondent, vs. City of Kansas City, Missouri, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84195, denied.



SC99518Arvest Bank, Appellant, vs. Emerald Pointe, LLC, Timber Ridge at Emerald Point, LLC, Gary W. Snadon Trust, Patsy A. Snadon, and Pasty A. Snadon Trust, Respondents.

Respondents' application for transfer from the Missouri Court of Appeals, No. SD36959, denied.



SC99519Dennis R. Ryno, Appellant, vs. Kevin S. Hillman, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD36889, denied.



SC99522Kyle G. Petersen, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD36837, sustained and cause ordered transferred.



SC99532John Solomon, Respondent, vs. St. Louis Circuit Attorney, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED109396, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS

SC99487State ex rel. Will Fort, Petitioner, vs. Paul Blair, Respondent.

Petition for writ of habeas corpus denied.



SC99495State ex rel. Susan Proctor, Jerry Gill and Penny A. Gill, Relators, vs. The Honorable Kate Schaefer, Judge of the Circuit Court of Andrew County, Missouri, Respondent.

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



SC99502State ex rel. Lauren Kopp, Relator, vs. The Honorable Nathan Carroz, Respondent.

Petition for writ of prohibition denied.



SC99507State ex rel. DKM Enterprises, LLC, Relator, vs. The Honorable William B. Collins, Respondent.

Petition for writ of prohibition denied.



SC99515State ex rel. Brian Gene Hagg, Petitioner, vs. Missouri Department of Mental Health, Respondent.

Petition for writ of habeas corpus and petition for writ of certiorari denied.

Petitioner's petition for subpoena of religious experts denied.

Petitioner's petition for permanent injunction filed on March 10, 2022 denied.

Petitioner's petitions for permanent injunction filed on March 14, 2022 denied.

Petitioner's petition for subpoena of information denied.

Petitioner's petition for permanent injunction filed on March 28, 2022 denied.



SC99521State ex rel. Scotty G. Reynolds, Petitioner, vs. The Honorable Terry Tschannen, Respondent.

Petition for writ of habeas corpus denied.



SC99492State ex rel. Deshante Nabors, Petitioner, vs. Richard Adams, Respondent.

Petition for writ of habeas corpus denied.



SC99523State ex rel. City of Independence, Missouri; Independence Power and Light Department; Mayor Eileen Weir; City Council of Independence; Andrew Boatright; City of Independence Public Utilities Advisory Board; N. Harris Computer Corporation; Constellation Software, Inc.; and Advanced Utility Systems, Relators, vs. The Honorable Kenneth R. Garrett III, Respondent.

Petition for writ of prohibition denied.

Relators' motion for expedited consideration overruled as moot.


SC99524State ex rel. City of Independence, Missouri; Independence Power and Light Department; Mayor Eileen Weir; City Council of Independence; Andrew Boatright; and City of Independence Public Utilities Advisory Board, Relators, vs. The Honorable Kenneth R. Garrett III, Respondent.

Petition for writ of prohibition denied.

Relators' motion for expedited consideration overruled as moot.



SC99528State ex rel. Norbert Cody, Petitioner, vs. State of Missouri, The Honorable Scott Millikan, The Honorable Michael F. Stelzer, The Honorable Lynne Perkins, and The Honorable Katherine Fowler, Respondents.

Petition for writ to "appeal the bond conditions or, in the alternative, set aside the detention order or, in the alternative motion to dismiss for lack of personal jurisdiction" denied.

Petitioner's "affidavit motion to quash grand jury and to quash and dismiss indictment" denied.

Petitioner's "affidavit motion set aside order of mental evaluation" and "motion hearing to make a ruling on the pleadings as soon as possible" denied.



SC99539State ex rel. Doryon Mason, Petitioner, vs. State of Missouri, Respondent.

Petition for writ of habeas corpus denied.



MOTIONS

SC89294State of Missouri, Respondent, vs. Leonard S. Taylor, Appellant.

Motion to nunc pro tunc correct the record of this court's opinion handed down in the capital case of State of Missouri v. Leonard S. Taylor, No. SC89294 due to a clerical mistake in the facts section of point number seven of this court's judgment/opinion overruled.






The next regular conference of Court en Banc will be on May 17, 2022.

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