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Minutes of February 18, 2020

Supreme Court of Missouri
en banc

February 18, 2020


OPINION BY POWELL, J.

SC97993Vincent Hegger (Deceased), et al., Appellants, vs. Valley Farm Dairy Company, et al., Respondents.

AFFIRMED. Wilson, Russell, Stith and Fischer, JJ., concur; Draper, C.J., dissents in separate opinion filed; Breckenridge, J., concurs in opinion of Draper, C.J.





MOTIONS FOR REHEARING

SC97231David R. Hosier, Appellant, vs. State of Missouri, Respondent.

Appellant's motion for rehearing overruled. Opinion modified on Court's own motion.



SC96276City of Aurora, Missouri, et al., Respondents/Cross-Appellants, vs. Spectra Communications Group, LLC d/b/a Centurylink, et al., Appellants/Cross-Respondents.

Respondents/Cross-Appellants' motion for rehearing overruled.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC98248State of Missouri, Respondent, vs. Thomas J. Savage, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD82663, denied.



SC98272Anthony Hoyt, Appellant, vs. David Robertson, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED107312, sustained and cause ordered transferred.



SC98278Carol Lowe, Respondent/Cross-Appellant, vs. Mercy Clinic East Communities, James D. Cassat, M.D., Bryan J. Menges, D.O., and Mercy Hospitals East Communities, Appellants/Cross-Respondents.

Appellants/Cross-Respondents Mercy Hospitals East Communities and Bryan J. Menges, D.O.'s application for transfer from the Missouri Court of Appeals, No. ED106447 consolidated with ED106785, ED106448, and ED106449, denied.

Appellants/Cross-Respondents Mercy Clinic East Communities and James D. Cassat, M.D.'s application for transfer from the Missouri Court of Appeals, No. ED106447 consolidated with ED106785, ED106448, and ED106449, denied.



SC98279State of Missouri, Respondent, vs. Herman Hanks Long, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD35687, denied.



SC98282Hyewon ("Helen") Kim, M.D., Respondent, and Mercy Clinic Springfield Communities, Respondent, vs. State of Missouri, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD35857, denied.



SC98283Kevin Barnes, Appellant, vs. Rebecca Uhlich, Saline County Circuit Clerk, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD82622, denied.



SC98284State of Missouri, Respondent, vs. Cregg Allen Snyder, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD35615, denied.



SC98286In the Matter of the Application of Rate Increase Request for Liberty Utilities (Missouri Water), LLC d/b/a Liberty Utilities, Respondent, Orange Lake Country Club, Inc., and Silverleaf Resorts, Inc., Appellants, vs. Missouri Public Service Commission, Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD82532, denied.



SC98287Paula Wyrick, Respondent, vs. Teresa Henry, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD82557, denied.



SC98290Cornerstone Condominium Association, Respondent, vs. Antoine D. Dunlap, Appellant, and Bank of New York Mellon, Respondent, and Ocwen Loan Servicing, Defendant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106766, denied.



SC98296T.V.N., Respondent, vs. Missouri State Highway Patrol Criminal Justice Information Services, Appellant. Russell, J., not participating.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD82341, denied.



SC98298
State of Missouri, Respondent, vs. Rodney Knox, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED107183, sustained and cause ordered transferred.



SC98300Kimberly Harper and Sharon Kay Harper, Appellants, vs. Missouri State Highway Patrol, et al., Respondents.

Respondent Missouri State Highway Patrol's application for transfer from the Missouri Court of Appeals, No. WD82465, denied.



SC98302Colby L. Sanders, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD36050, denied.



SC98306In re the Matter of: K.A.F., a minor child, D.L.C. and B.E.C., Respondents, vs. T.A.F., Respondent, and W.J.M., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD36044, denied.



SC98312State of Missouri, Respondent, vs. Daniel W. Irwin, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED107266, denied.



SC98313State of Missouri, Respondent, vs. Ronald Sherrod, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED107076, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS

SC98271State ex rel. Anthony Giaimo, Petitioner, vs. Michelle Buckner, Respondent.

Petition for writ of habeas corpus denied.

Petitioner's motion for leave to file motion for hearing pursuant to due process under the Fourteenth Amendment overruled as moot.

Petitioner's motion for hearing pursuant to due process under the Fourteenth Amendment to the United States Constitution overruled as moot.



SC98280State ex rel. Shelter Mutual Insurance Company, Relator, vs. The Honorable John D. Warner, Respondent.

Petition for writ of prohibition denied.



SC98281State ex rel. Kristin D. Siegel, Relator, vs. The Honorable Kevin D. Harrell, Respondent.

Petition for writ of prohibition denied.



SC98269State ex rel. James Ward, Petitioner, vs. Troy Steele, Respondent.

Petition for writ of habeas corpus denied.



SC98301State ex rel. Deandrea S. Gray, Petitioner, vs. State of Missouri, Jackson County Circuit Court, and Jackson County Court Clerk, Respondents.

Petition for writ of mandamus denied without prejudice to attempting to file again at the correct court address.



SC98310State ex rel. Frederick Spencer, Petitioner, vs. Eric Schmitt, Missouri Attorney General, and State of Missouri, Respondents.

Petition for writ of habeas corpus denied.

Petitioner's request for oral argument overruled.

Petitioner's request for court ordered response from Respondent to claim that complaining witnesses "A.G." and "M.M." were absolutely not his clients at or near the time they falsely claim that they were sexually assaulted by Petitioner overruled.

Petitioner's request for court order requiring State to prove how and when it informed Dr. Spencer of new DNA retest results overruled.

Petitioner's request for court order to disclose date of DNA retest results and date new results were sent to Petitioner overruled.

Petitioner's request for summary judgment overruled.



MOTIONS

SC98303State of Missouri, Respondent, vs. Lamar Johnson, Appellant.

Kimberly Gardner's motion to restore the case to the original appeal overruled.









The next regular conference of Court en Banc will be on March 17, 2020.

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