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Minutes of January 31, 2023


Supreme Court of Missouri
en banc

January 31, 2023


OPINION BY FISCHER, J.

SC99715
and
SC99714
Brock Smith, Appellant, vs. St. Louis County Police, et al., Respondents.

Gary Nelson Ford, Appellant, vs. Col. Jon Belmar, Chief of Police as Chief Law Enforcement Officer of St. Louis County, Pursuant to County Charter, and Missouri State Highway Patrol, and Jim Buckles, Sheriff of St. Louis County as "Chief Law Enforcement Official" as Defined by RSMo 589.404(3), Respondents.

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



OPINION BY RANSOM, J.

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

AFFIRMED. Wilson, C.J., Russell, Powell, Breckenridge and Draper, JJ., concur; Fischer, J., concurs in result.



OPINION BY RANSOM, J.

SC99627In re: Philip E. Prewitt, Respondent.

SUSPENDED. All concur.



OPINION BY DRAPER, J.

SC99592Lillian Singleton, Respondent, vs. Sheila Singleton, et al., Appellants.

REVERSED AND REMANDED. All concur.




MOTIONS FOR REHEARING

SC99619BG Olive & Graeser, LLC, and Forsyth Investments, LLC, Respondents, vs. City of Creve Coeur, Missouri, Appellant.

Respondents' motion for rehearing overruled.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC99864Shannon 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 St. Louis County, Jackson County, Melanie Hutton, and Board of Trustees, Livingston County Health Center's application for transfer from the Missouri Court of Appeals, No. WD85070, sustained and cause ordered transferred.



SC99878State of Missouri, Respondent, vs. Gregory Earl Stevenson, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. SD37246, denied.



SC99882Jemerio Harris and Jacqueline Armstrong, Appellants, vs. City of St. Louis, Missouri, James Zwilling, Michael Scego, and Timothy Boyce, Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED110325, denied.


SC99886State of Missouri, Appellant, vs. Nicholas A. Barton, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD37421 consolidated with No. SD37422, sustained and cause ordered transferred.



SC99887Thomas Sullivan, et al., Appellants, vs. City of University City, Missouri, et al., Respondents.

Appellants' application for transfer prior to disposition from the Missouri Court of Appeals, No. ED111084, denied.



SC99890Katherine C. Bowden and Douglas D. Bowden, by and through Plaintiffs Ad Litem, Katherine L. Bowden and David Bowden, Jr., Appellants, vs. American Modern Home Insurance Company, and Barton Mutual Insurance Company, Respondents.

Respondent American Modern Home Insurance Company's application for transfer from the Missouri Court of Appeals, No. SD37193, denied.



SC99891In the Interest of M.T., Pemiscot County Chief Juvenile Officer Diedra Ashley, Respondent, vs. M.T., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD37119, denied.



SC99894State of Missouri, Respondent, vs. Rodger L. Gannan, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84655, denied.

SC99895James Copeland, Appellant, vs. Gencom, Inc., and Missouri Employers Mutual Insurance Company, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD85164, denied.



SC99897Mustafa Q. Alamin, Respondent, vs. Likita N. Alamin, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84813, denied.



SC99898J.W.E., Respondent, vs. Arun Garg, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD85040, denied.



SC99901Jacob T. Shepard, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110167, denied.



SC99902City of St. Peters, Appellant, vs. Collene Velma Lienemann, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED110353, denied.


SC99903Kenneth D. Gilmore, Respondent, vs. Missouri Department of Social Services, Children's Division, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD37344, denied.



SC99906Michael E. Jackson, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD85708, denied.



SC99909Missouri Department of Health and Senior Services, Appellant, vs. Reproductive Health Services of Planned Parenthood of St. Louis Region, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD85423, denied.



SC99910State of Missouri, Respondent, vs. Hunter Harris, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED110074, denied.



SC99911Christopher E. Betts, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110156, denied.


SC99917Glenda Kirkendoll, Appellant, vs. Auto-Owners Insurance Company, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD85388, denied.



SC99918State of Missouri, Respondent, vs. Ronnie W. Plunket, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84499, denied.



SC99919Charles L. Coats, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84582, denied.



SC99922State of Missouri, Respondent, vs. Andrew Allen Wayne Head, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84796, denied.



SC99923State of Missouri, Respondent, vs. Kerry Lane McBroom, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84895, denied.


SC99924Michael Shawn Lee, Appellant, vs. State of Missouri, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD37214, denied.



SC99925In the Interest of: S.M.W.; Juvenile Officer, Respondent, vs. S.E.W., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD85122, denied.



SC99926In the Estate of: Marshall O. Buder, Sr., Deceased.

Appellant Howard Weber's application for transfer from the Missouri Court of Appeals, No. ED110349 consolidated with No. ED110350, denied.



SC99927Owen L. Roberts, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84953, denied.



SC99928Christina Forester, Appellant, vs. Crystal May, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD37325, sustained and cause ordered transferred.


SC99929Seth Reynolds, Appellant, vs. Boone County, Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84876, denied.



SC99930Billy Hood, Appellant, vs. Michael Menech, Vandalia Area Historical Society, and Missouri State Treasurer as Custodian of the Second Injury Fund, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110331, denied.



SC99932State of Missouri, Respondent, vs. Cole G. Fox, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84800, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS

SC99880State ex rel. Fry-Wagner Moving & Storage Co., Relator, vs. The Honorable David L. Vincent III, Respondent.

Petition for writ of prohibition denied.



SC99883State ex rel. Timothy Abbott; Tom Bayse; Brian Foy; Michael Martin; Rachelle Martin; Michael Martin II, through his next friend, Rachelle Martin; Alexis Rogers; Quynn Holtom, through her next friend, Kayle Fleenor; Samantha Miller, through her next friend, Daniel Miller; Justin Castaldi; Joseph Castaldi; and Jase Hadley, Relators, vs. The Honorable David C. Replogle, Respondent.

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

SC99885State ex rel. LaVincent Pollard, Petitioner, vs. Doris Falkenrath, Superintendent, Jefferson City Correctional Center, Respondent.

Petition for writ of habeas corpus denied.



SC99888State ex rel. Second Media, Inc., Relator, vs. The Honorable Terry Tschannen, Respondent.

Petition for writ of prohibition denied.



SC99889State ex rel. Nathaniel Fitch, Relator, vs. The Honorable Terry Tschannen, Respondent.

Petition for writ of prohibition denied.



SC99892State ex rel. Jeffrey L.G. Johnson and Joseph Johnson, Relators, vs. The Honorable Michael F. Stelzer; The Honorable Michael Noble; Thomas L. Kloeppinger, Circuit Clerk; The Honorable Angela T. Quigless; Eric Schmitt, Attorney General; Kimberly M. Gardner, St. Louis City Circuit Attorney; Governor Michael Parson and St. Louis City Mayor Tishaura Jones, Respondents.

Petition for writ of mandamus denied.



SC99900State ex rel. Terrance L. Anderson, Petitioner, vs. David Vandergriff, Warden, Potosi Correctional Center, Respondent.

Petition for writ of habeas corpus denied.


SC99908State ex rel. Eric Mize, Petitioner, vs. Doris Falkenrath, Respondent.

Petition for writ of habeas corpus denied.



SC99915State ex rel. Nicole Plank, Relator, vs. The Honorable Joel P. Fahnestock, Respondent.

Petition for writ of prohibition denied.






The next regular conference of Court en Banc will be on March 7, 2023.

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