Supreme Court of Missouri
en banc

February 4, 2020

OPINION BY BRECKENRIDGE, J.
SC97631	Gary L. Mitchell, Appellant, vs. Don Phillips, Respondent.
	AFFIRMED. Draper, C.J., Wilson, Russell, Powell and Fischer, JJ., concur; Stith, J., dissents in separate opinion filed.

OPINION BY BRECKENRIDGE, J.
SC97633	Dimetrious Woods, Respondent, vs. Missouri Department of Corrections, Appellant.
	REVERSED. Draper, C.J., Wilson, Russell, Powell and Fischer, JJ., concur; Stith, J., dissents in separate opinion filed.

OPINION BY STITH, J.
SC97913	Missouri Coalition for the Environment and Thomas J. Sager, Appellants, vs. State of Missouri, Respondent.
	AFFIRMED. All concur.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC98210	Johnny Briscoe and Lynette Briscoe, Appellants, vs. Lane Hollandsworth, David Ventimiglia, St. Louis County, and James E. Thomason, Personal Representative of Estate of Rebecca F. Meyers, Deceased, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED107567, denied.

SC98221	State of Missouri, Respondent, vs. Victor C. Whittier, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED107356, denied.

SC98224	I.K.R. by Next Friend J.M.R., and J.M.R., Individually, Respondent, vs. K.L.D., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED107274, denied.

SC98226	Bruce Krysl, Appellant, vs. Treasurer of Missouri as Custodian of the Second Injury Fund, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED107591, denied.

SC98231	State of Missouri, Respondent, vs. David Howard Abel, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD35311, denied.

SC98237	State of Missouri, Respondent, vs. Michael Gordon, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED106229, denied.

SC98240	Theodis Brown, Sr., Appellant, vs. St. Louis County, Missouri, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED108161, denied.

SC98242	State of Missouri, Respondent, vs. Martez Antuan Pearson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED107063, denied.

SC98244	State of Missouri, Respondent, vs. Joshua Johnson, Appellant.
	Appellant's application for transfer prior to disposition from the Missouri Court of Appeals, No. ED108481, denied.

SC98247	Velma L. Mitchell, Tanisha L. Winston and Kayla Sanders, Appellants, vs. J&M Securities, LLC and Shannon Metzger, Respondents/Cross-Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED107431 consolidated with ED107666 and ED107681, denied.

SC98249	Twestly Emsweller, Appellant, vs. Bi-State Development Agency of Missouri-Illinois Metropolitan District, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED107651, denied.

SC98250	Gary Miller, Appellant, vs. Norfolk Southern Railway Company, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD82088, denied.

SC98252	Thomas Hootselle, Jr., et al., Individually and on Behalf of all Others Similarly Situated, and Missouri Corrections Officers Association, Respondents, vs. Missouri Department of Corrections, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD82229, sustained and cause ordered transferred.

SC98253	Elad Gross, Appellant, vs. A New Missouri, Inc., et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD82285, denied.

SC98254	Mary Kay Hazeltine, Appellant, vs. Treasurer of Missouri as Custodian of Second Injury Fund, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED107630, denied.

SC98255	State of Missouri, Respondent, vs. Richard D. Gray, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED104743-01, denied.

SC98256	In the Matter of the Application of Union Electric Company d/b/a Ameren Missouri for Permission and Approval and a Certificate of Public Convenience and Necessity Authorizing it to Construct a Wind Generation Facility; Office of the Public Counsel, Appellant, vs. Missouri Public Service Commission, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD82492, denied.

SC98257	Greer Cooper-Dorsey, Respondent, vs. Time Warner Cable, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD82516, denied.

SC98260	State of Missouri, Respondent, vs. Nathaniel Wade Osborn, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD80959, denied.

SC98261	Camden Jenkins, Appellant, vs. Missouri Department of Corrections, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD82330, denied.

SC98262	Marcia Green, Respondent, vs. Mehrdad Fotoohighiam, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD82344, sustained and cause ordered transferred.

SC98263	State of Missouri, Respondent, vs. Andrew John West, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD81496, denied.

SC98265	State of Missouri, Respondent, vs. Christopher Michael Williams, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD35843, denied.

SC98275	Dave Campbell and Catrenia Dawn Campbell, Appellants, vs. Woodland Lakes Trusteeship, Inc., Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED107749, denied.

SC98295	State of Missouri, Respondent, vs. Rashidi Don Loper, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED106525, sustained and cause ordered transferred. Appellant's application for transfer from the Missouri Court of Appeals, No. ED106525, sustained and cause ordered transferred.

SC98299	In the Matter of the Petition of Missouri-American Water Company for Approval to Establish an Infrastructure System Replacement Surcharge (ISRS), Appellant, vs. Public Service Commission of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD82514, denied.

SC98305	Theodis Brown, Appellant, vs. Bellefontaine Habilitation Center, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED108451, denied.

SC98309	Lonnie Snelling, Appellant, vs. Willis Hemphill, Jr., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED107852, denied.

SC98311	State of Missouri, Respondent, vs. Donald Curtis Hornsey, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED107393, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC98178	In re: Deidre Lynn Smith, Respondent.
	Information pursuant to Rule 5.23(a) dismissed without prejudice.

SC98222	State ex rel. Janssen Pharmaceuticals, Inc., Johnson & Johnson, and Janssen Research & Development, LLC, Relators, vs. The Honorable Michael Noble, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en banc within thirty days.

SC98227	State ex rel. Woodco, Inc., Relator, vs. The Honorable Jennifer Phillips, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en banc within thirty days. Powell, J., not participating.

SC98234	State ex rel. Missouri State Public Defender, Appellate/PCR East A Office, Relator, vs. The Honorable Norman Steimel, Respondent.
	Petition for writ of prohibition denied.

SC98239	State ex rel. Corey Gray, Petitioner, vs. Richard Stepenek, Warden, Western Reception, Diagnostic and Correctional Center, Respondent.
	Amended petition for writ of habeas corpus and/or to declare Mo. Rev. Stat. section 547.170 unconstitutional denied. Petitioner's motion to join the Missouri Attorney General as counsel overruled.

SC98241	State ex rel. NIBCO Inc., Relator, vs. The Honorable Joan Moriarty, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en banc within thirty days.

SC98246	State ex rel. Harrah's North Kansas City, LLC, Relator, vs. The Honorable Janet Sutton, Respondent.
	Petition for writ of prohibition denied.

SC98251	State ex rel. Beutler, Inc. d/b/a George J. Shaw Construction Co. and Brian Henderson, Relators, vs. The Honorable Sandra C. Midkiff, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en banc within thirty days.

SC96695	In re: Samuel Trapp, Petitioner.
	Petition for reinstatement after discipline denied. Reinstatement will not be considered until the Missouri Bar Client Security Fund has been reimbursed.

SC98264	State ex rel. Maurice T. Davis, Petitioner, vs. Eileen Ramey, Respondent.
	Petition for writ of habeas corpus denied.

SC98266	State ex rel. Tremonti Perry, Petitioner, vs. Dean Minor, Respondent.
	Petition for writ of habeas corpus denied.

SC98220	State ex rel. Orlando D. Hayes, Petitioner, vs. Eileen Ramey, Respondent.
	Petition for writ of habeas corpus denied.

SC98276	State ex rel. Monsanto Company, Relator, vs. The Honorable Michael K. Mullen, Respondent.
	Petition for writ of prohibition denied. Fischer, J., not participating.

MOTIONS
SC98233	Universal Kingston Da God a/k/a JC Bryant, Petitioner, vs. Missouri Department of Corrections, et al., Respondents.
	Petitioner's motion for leave to file notice of appeal out of time overruled.

SC84515	State of Missouri, Respondent, vs. Deandra Mekel Buchanan, Appellant.
	Appellant's motion to recall the mandate overruled.

SC98267	State of Missouri, Plaintiff, vs. Melvin Leroy Tyler, Defendant.
	Defendant's motion for leave to file late notice of appeal overruled. Russell, J., not participating.

Day - to - Day,


____________________________________
George W. Draper III
Chief Justice

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