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Minutes of June 29, 2021


Supreme Court of Missouri
en banc

June 29, 2021


OPINION BY RUSSELL, J.

SC98876Dustin J. Hefley, Appellant, vs. State of Missouri, Respondent.

REVERSED AND REMANDED. Wilson, Powell and Fischer, JJ., concur; Breckenridge, J., concurs in part and dissents in part in separate opinion filed; Draper, C.J., concurs in opinion of Breckenridge, J. Ransom, J., not participating.



OPINION BY POWELL, J.

SC98780Walter Jack Staten, Appellant, vs. State of Missouri, Respondent.

AFFIRMED. Draper, C.J., Wilson, Russell, Breckenridge and Fischer, JJ., concur. Ransom, J., not participating.



OPINION BY BRECKENRIDGE, J.

SC98619Elad Gross, Appellant, vs. Michael Parson, et al., Respondents.

VACATED AND REMANDED. Draper, C.J., Wilson, Russell, Powell and Fischer, JJ., concur. Ransom, J., not participating.





APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC99036Gregory Anderson, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED108701, denied.



SC99037In the Interest of: J.T.J.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED108812, sustained and cause ordered transferred.



SC99042Timothy Lamont Boykins, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED108438, denied.



SC99050B.A., Respondent, vs. Douglas Ready, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83895, denied.



SC99054In the Interest of: A.L.W., Juvenile; Juvenile Officer, Respondent, vs. W.W., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83750, denied.



SC99061Collin M. Stosberg, Appellant, vs. Electric Insurance Company, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD83723 consolidated with No. WD83741, denied.



SC99072Christopher Westmoreland, Respondent, vs. Midwest St. Louis, LLC d/b/a Gas Mart 6, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED107787, denied.



SC99075John Scott Cramer, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD36760, denied.



SC99090James K. Sherry, Appellant-Respondent, vs. City of Lee's Summit, Missouri, Respondent-Appellant.

Respondent-Appellant's application for transfer from the Missouri Court of Appeals, No. WD83635 consolidated with No. WD83671, denied.



SC99091In the Matter of: PVC Management II, LLC, Permit No. MOGS10560 Opponents of Cooper County CAFOs, LLC, Appellant, vs. Missouri Department of Natural Resources and Missouri Clean Water Commission, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD82525, denied.



SC99094Justin M. Tanksley, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED108463, denied. Ransom, J., not participating.



SC99097Dimple "Denise" Kelly, Appellant, vs. City of Lee's Summit, Missouri, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD83742, denied.



SC99102State of Missouri, Respondent, vs. Martese Jamon Johnson Winters, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83417, denied.



SC99109Brenda Estes, as Guardian and Next Friend for Jane Doe, Appellant, vs. The Board of Trustees of the Missouri Public Entity Risk Management Fund in their official capacities, et al., Respondents.

Respondents' application for transfer from the Missouri Court of Appeals, No. WD83764, denied.



SC99113State of Missouri, Respondent, vs. Jesus Garcia, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD82914, denied.



SC99117State of Missouri, Respondent, vs. Estel L. Bequette, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED108686, denied.



SC99118Howard Smith, Darrell Smith, and Howard Smith and Darrell Smith, in their capacities as Co-Trustees of The Virginia Marie Smith Revocable Trust (An Inter Vivos Trust Agreement) executed on June 20, 2006, Respondents, vs. Roger C. Smith and Lavonne Morrisey, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD83677 consolidated with No. WD83783, denied.



SC99126Daniel Lane, Respondent, vs. Joshua Letcher, Rachelle Coleman, and Sheila Letcher, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD83024, denied. Powell, J., not participating.



SC99132State of Missouri, Respondent, vs. Desmond Artez Mills, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED108022, denied. Ransom, J., not participating.



SC99145Bruce A. Cole, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED108787, denied.



SC99164In the Interest of: C.D.J., Appellant, vs. Juvenile Officer, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83873, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS

SC99039State ex rel. Kaspar Ranch Hand Equipment, LLC, Relator, vs. The Honorable William B. Collins, Respondent.

Petition for writ of mandamus denied.



SC99059State ex rel. Blake Chevalier, Relator, vs. The Honorable J. Michael Rumley, Respondent.

Petition for writ of mandamus denied.



SC99068State ex rel. Joey A. Marcak, Relator, vs. The Honorable Steven Privette, Respondent.

Petition for writ of prohibition denied.



SC99089State ex rel. Auto-Owners Insurance Company, Relator, vs. The Honorable Keith Sutherland, Respondent.

Petition for writ of prohibition denied.



SC99107State ex rel. City of Independence, Missouri, Relator, vs. The Honorable Kenneth R. Garrett III, Respondent.

Petition for writ of prohibition denied.



SC99120State ex rel. Illinois Casualty Company, Relator, vs. The Honorable Matthew Hamner, Respondent.

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



SC99123State ex rel. Monsanto Company, Relator, vs. The Honorable Joel P. Fahnestock, Respondent.

Petition for writ of prohibition denied. Fischer, J., not participating.



SC99125State ex rel. Christopher G. Auffenberg, Relator, vs. The Honorable Nicole S. Zellweger, Respondent.

Petition for writ of prohibition denied.



SC99127State ex rel. Michael D. Vickrey, Relator, vs. The Honorable Marco Roldan, Respondent.

Petition for writ of prohibition denied.



SC99152State ex rel. Larry Lee Smith, Petitioner, vs. Missouri Department of Mental Health, Respondent.

Petition for writ of habeas corpus denied.

Petitioner's "motion for unlawfully detaining Petition Smith in the custody of Missouri Department of Mental Health facility, pursuant to Section 475.121" overruled.

Petitioner's "motion for unlawfully incapacitated with intoxicanting Petition Smith with his 2014 judgment of the charges in a negligence actions in with the costs within probate code-guardianship, pursuant to Section 475.085.1" overruled.

Petitioner's "motion to dismiss the criminal charges of the mandate actions, pursuant to Rule 41(a)" overruled.






The next regular conference of Court en Banc will be on August 31, 2021.

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