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Minutes of December 21, 2021


Supreme Court of Missouri
en banc

December 21, 2021


OPINION BY RUSSELL, J.

SC98847State of Missouri, Respondent, vs. Tyler J. Gates, Appellant.

REVERSED AND REMANDED. All concur.



OPINION BY RUSSELL, J.

SC98948Gary Boothe, Jr., Appellant, vs. DISH Network, Inc., Respondent.

AFFIRMED. All concur.



OPINION BY BRECKENRIDGE, J.

SC98987Ronald McLemore, Appellant, vs. State of Missouri, Respondent.

AFFIRMED. Russell, Ransom and Draper, JJ., concur; Fischer, J., concurs in separate opinion filed; Wilson, C.J., and Powell, J., concur in opinion of Fischer, J.



OPINION BY RANSOM, J.

SC99037In the Interest of: J.T.J., Appellant.

AFFIRMED. All concur.



OPINION BY RANSOM, J.

SC99139State ex rel. Darin Lutman, Relator, vs. The Honorable M. Brandon Baker, Respondent.

PRELIMINARY WRIT MADE PERMANENT. All concur.





APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC99288Penzel Construction Company, Inc., Respondent, vs. Jackson R-2 School District, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED108821, denied.



SC99345CSAC, Inc., Appellant, vs. Sade M. Crawford, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED109089, denied.



SC99347Timothy P. Cable, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD36968, denied.



SC99349Donald Coleman, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED108932, denied.



SC99351Steven Chadwick, Respondent, vs. Robert Huntoon and George Swearengin, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. SD36850, denied.



SC99353Terry R. Haines and Zelma M. Haines, Trustees of the Terry R. Haines and Zelma M. Haines Revocable Trust, et al., Plaintiffs, Connie Burch, Jeffrey Finnell, and Kathryn L. Finnell, Appellants, vs. Branson Cabin Rentals, LLC, et al., Respondents.

Appellants Jeffrey Finnell and Kathryn L. Finnell's application for transfer from the Missouri Court of Appeals, No. SD36836, denied.



SC99368State of Missouri, Respondent, vs. Daniel B. Hallmark, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED108366, denied.



SC99369B.W.S., Respondent, vs. J.L.Q., Respondent; Eugene Volokh, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED109891, denied.



SC99373Matthew D. Cook, Appellant, vs. Cassandra L. Mundy and Matthew R. Johnson, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84200, denied.



SC99376Alan L. Echols, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83980, denied.



SC99377Patrick Starr, Maurice Charles, and Lee Francis, Appellants, vs. Jackson County Prosecuting Attorney, Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD83634, denied.



SC99379In the Interest of: L.W., Juvenile; M.W., Appellant, vs. Juvenile Officer, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84291, denied.



SC99382Shelley Gray, Respondent, vs. Missouri Department of Corrections, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83739, denied.



SC99383State of Missouri, Respondent, vs. Matthew Jay Schurle, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83914, sustained and cause ordered transferred.



SC99384Travis Poke, Appellant, vs. Independence School District, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD84198, sustained and cause ordered transferred. Powell, J., not participating.



SC99385In the Matter of the Care and Treatment of Jerry Davis, a/k/a Jerry M. Davis, Jr., a/k/a Jerry Miller Davis, Jr., Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83673, denied.



SC99387Matthew Volland, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84088, denied.



SC99389Demetria Trunnel, Respondent, vs. Missouri Higher Education Loan Authority, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84114, denied.



SC99390State of Missouri, Respondent, vs. Jessie Lee Nelson, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83546, denied.



SC99391K.C., Respondent, vs. Kent Chapline, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83881, denied.

SC99392Eclipse Property Development LLC, Appellant, vs. Fareed Ammari, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED109298, denied.



SC99393State of Missouri, Respondent, vs. Gary Don Allen, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83718, denied.



SC99394In the Matter of the Care and Treatment of Pete Wright, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD82895, denied.



SC99398Cindy A. Rowe, Appellant, vs. Southeast Missouri Residential Services, Respondent, and Treasurer of the State of Missouri - Custodian of the Second Injury Fund, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD36870, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS

SC99328State ex rel. Larry L. Coleman-Bey, Petitioner, vs. Michele Buckner, Respondent.

Petition for writ of habeas corpus denied.

Petitioner's motion for a hearing pursuant to Missouri Supreme Court Law ex parte Irwin 6 S.W.2d 597 at 600 overrruled.

Petitioner's motion for default judgment pursuant to Missouri Supreme Court Rules 74.05 and 55.25(a) overruled.

Petitioner's motion for judgment on the pleadings overruled.

Petitioner's motion for judgment on the pleadings pursuant to Missouri Supreme Court Rule 55.27(b) overruled.



SC99361State ex rel. Automobile Acceptance Corporation, Relator, vs. The Honorable Timothy J. Flook, Respondent.

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

Relator's motion to stay overruled as moot.



SC99366State ex rel. the Bank of New York Mellon, Relator, vs. The Honorable K. Elizabeth Davis, Respondent.

Petition for writ of prohibition denied.



SC99370State ex rel. David Stidman, Petitioner, vs. Doris Falkenrath, Warden, Jefferson City Correctional Center, Respondent.

Petition for writ of habeas corpus denied.


SC99371State ex rel. Pete Wright, Relator, vs. The Honorable Daniel R. Green, Respondent.

Petition for writ of mandamus denied.

Relator's request for the court to take judicial notice of petitioner's response to court's order to set aside judgment of September 1, 2020 overruled as moot.



SC99375State ex rel. Charles Ward, Petitioner, vs. Bill Stange, Respondent.

Petition for writ of habeas corpus denied.



SC99378State ex rel. Cornell White, Relator, vs. The Honorable James R. Dowd, The Honorable Angela T. Quigless, The Honorable Philip M. Hess, The Honorable Colleen Dolan, and The Honorable Stanley Wallach, Respondents.

Petition for writ of mandamus denied.

Petitioner's motion for summary judgment overruled.



SC99380A.M., M.L., A.D., S.E-K., G.F., and E.B. by their parents and next friends Ashley Irwin, Christopher LaCour, Alison Durphy, MacKenzie Everett-Kennedy, Christina Frymire, and Katherine Canterbury, Relators, vs. The Honorable J. Hasbrouck Jacobs, Respondent.

Petition for writ of mandamus denied.



SC99388State ex rel. Schnuck Markets, Inc., Relator, vs. The Honorable Joan L. Moriarty, Respondent.

Petition for writ of prohibition denied.



SC99399State ex rel. Earl Thomas, Petitioner, vs. Chris Brewer, Warden, Western Missouri Correctional Center, Respondent.

Petition for writ of habeas corpus denied.






The next regular conference of Court en Banc will be on February 8, 2021.


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