Supreme Court of Missouri
en banc

May 1, 2012

OPINION BY TEITELMAN, C.J.
SC92288	James Marcus Hill, Respondent, vs. Director of Revenue, State of Missouri, Appellant.
	REVERSED AND REMANDED. Russell, Breckenridge, Fischer, Stith and Price, JJ., and Roldan, Sp.J., concur. Draper, J., not participating.

OPINION BY RUSSELL, J.
SC91617	Eddie Cluck, Appellant, vs. Union Pacific Railroad Company, Respondent.
	AFFIRMED. Breckenridge, Fischer, Stith and Price, JJ., concur; Teitelman, C.J., dissents in separate opinion filed; Draper, J., concurs in opinion of Teitelman, C.J.

OPINION BY PRICE, J.
SC92003	State of Missouri, Respondent, vs. Jermane L. Clark, Appellant.
	REVERSED AND REMANDED. Teitelman, C.J., Russell, Breckenridge, Fischer and Stith, JJ., and Manners, Sp.J., concur. Draper, J., not participating.

MOTIONS FOR REHEARING
SC91209	State of Missouri, Respondent, vs. Michael Andrew Tisius, Appellant.
	Appellant's motion for rehearing overruled. Execution set for August 3, 2012.

SC91632	State ex. Inf. Teresa Hensley, Respondent, vs. Herschel Young, Appellant.
	Appellant's motion for rehearing overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC92320	Jason Lee Sostman, Respondent, vs. Director of Revenue, State of Missouri, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED95557, denied. Draper, J., not participating.

SC92327	State of Missouri, Respondent, vs. India M. Merchant, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96435, denied. Draper, J., not participating.

SC92331	John H. Smith, Jr., Appellant, vs. James R. Monroe, Jr., et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96657, denied. Draper, J., not participating.

SC92350	State of Missouri ex rel. Jackson County Prosecuting Attorney, Relator, vs. The Honorable Roger Prokes, Respondent.
	Relator's application for transfer, prior to disposition, from the Missouri Court of Appeals, No. WD72996, denied. Breckenridge, J., not participating.

SC92353	State of Missouri, Appellant, vs. Clifton S. Sparkling, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73737, denied.

SC92364	Richard Kreutz, Sr., Surviving Father of Richard Kreutz, Jr., Deceased, and Susan Kreutz, Surviving Mother of Richard Kreutz, Jr., Deceased, Appellants, vs. Curators of the University of Missouri, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD72964, denied.

SC92367	Daniel J. Hankins, Successor Trustee of the Oliver W. Anderson and Dolly A. Anderson Living Trust Agreement Dated February 10, 1990, and Daniel J. Hankins, Individually, Respondent, vs. Abram C. Abeyta, et al., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73169, denied.

SC92373	State of Missouri, Respondent, vs. Hernando Rowe, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30735, denied.

SC92402	State of Missouri, Respondent, vs. Kevin E. Hicks, Apppellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD71650, sustained and cause ordered transferred.

SC92404	Randall Kuta, Appellant, vs. Sheri Kaminsky, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96724, denied. Draper, J., not participating.

SC92408	Nathaniel James Manner, Appellant, vs. Nicholas Brian Schiermeier, Con-Tech Foundations, LLC, Helmet City, Inc., and Jafrum International, Inc., Defendants, American Family Mutual Insurance Company, and American Standard Insurance Company, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96143, sustained and cause ordered transferred. Price and Draper, JJ., not participating.

SC92410	State of Missouri, Respondent, vs. Kenneth Smoot, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95499, denied. Draper, J., not participating.

SC92411	State of Missouri, Respondent, vs. Shaun Williams, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96573, denied. Draper, J., not participating.

SC92412	State of Missouri, Respondent, vs. Joshua A. Minor, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96594, denied. Draper, J., not participating.

SC92413	Clifton A. Gabaree, Jr., Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72631, denied.

SC92414	Amanda Crider, Appellant, vs. Barnes-Jewish St. Peters Hospital, Inc. d/b/a Barnes-Jewish St. Peters Hospital, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96907, denied. Draper, J., not participating.

SC92415	State of Missouri, Respondent, vs. Dennis McGinnist, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95799, denied. Draper, J., not participating.

SC92416	Elizabeth J. Crews, Appellant, vs. Director of Revenue, State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96266, denied. Draper, J., not participating.

SC92417	In the Interest of: S.Q.G., Minor. Greene County Juvenile Office, Respondent, vs. R.M., Natural Father, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31420, denied.

SC92420	Diana Walters, et al., Appellants-Respondents, vs. Career Education Corporation, et al., Respondents-Appellants.
	Appellants Kristy Bowen, et al.'s application for transfer from the Missouri Court of Appeals, No. WD73016, denied.

SC92425	Crissy Tate, Respondent, vs. AutoZoners, L.L.C., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31278, denied.

SC92429	Travelers Property Casualty Company of America and Jacobsmeyer-Mauldin Construction Company, Plaintiffs, vs. The Manitowoc Company, Inc., Appellant, vs. United States Steel Corporation, as successor-in-interest to Lonestar Technologies, Inc. a/k/a Lonestar Steel, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96780, sustained and cause ordered transferred. Draper, J., not participating.

SC92430	Chukayla V. Reed, Appellant, vs. McDonald's Corporation, Defendant, and Rich House, Inc., et al., Respondents.
	Respondent Rich House, Inc.'s application for transfer from the Missouri Court of Appeals, No. ED95895, denied. Draper, J., not participating.

SC92431	Gary Edwards, Respondent, vs. Lawrence M. Gerstein, Charles Klinginsmith, Larry Lovejoy, Lee Richardson, Mary Holyoke, and Charlotte Hill, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD73434, denied.

SC92432	Brandon L. Swallow, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96672, sustained and cause ordered transferred. Draper, J., not participating.

SC92433	David Dehart, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96682, denied. Draper, J., not participating.

SC92435	Dr. J. Alexander Marchosky, Appellant, vs. St. Luke's Episcopal-Presbyterian Hospitals, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED95992, denied. Price and Draper, JJ., not participating.

SC92441	State of Missouri, Respondent, vs. Matthew Calhoun Shelton, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31058, denied.

SC92443	State of Missouri, Respondent, vs. Decalos Meeks, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96903, denied. Draper, J., not participating.

SC92453	Patrick Pavia, Respondent, vs. Smitty's Supermarket, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31275, denied.

SC92459	Myra Perkins, Appellant, vs. City of Pine Lawn, Missouri, and Sylvester Caldwell, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96683, denied. Draper, J., not participating.

SC92460	K.M.J., for Herself and as Next Friend of I.G.M., a Minor Child, Appellant, vs. M.A.J., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED96677, denied. Draper, J., not participating.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC92285	State ex rel. George W. Morgan, Petitioner, vs. Jeff Norman, Warden, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled as moot.

SC92403	State ex rel. Jennifer Joyce, Relator, vs. The Honorable John F. Garvey, Respondent.
	Petition for writ of prohibition denied.

SC92405	State ex rel. Airservices Australia, Relator, vs. The Honorable J. Dan Conklin, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ of prohibition to issue returnable to Court en Banc within 30 days. Price, J., not participating.

SC92406	State ex rel. Barbara Liberman, Relator, vs. The Honorable Maura B. McShane, Respondent.
	Petition for writ of prohibition denied.

SC92423	State ex rel. Conception Abbey, Inc., Relator, vs. The Honorable Abe Shafer, Respondent.
	Petition for writ of prohibition denied.

SC92391	State ex rel. Douglas Thompson, Petitioner, vs. Missouri Board of Probation & Parole, Respondent.
	Petition for writ of habeas corpus denied.

SC92399	State ex rel. Frederick Spencer, Petitioner, vs. James Hurley, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 91.02(a). Draper, J., not participating. Petitioner's motion for appointment of counsel overruled as moot. Draper, J., not participating. Petitioner's request for judicial notice-1 overruled as moot. Draper, J., not participating. Petitioner's request for judicial notice-2 overruled as moot. Draper, J., not participating. Petitioner's request for court order for production of suppressed material evidence overruled as moot. Draper, J., not participating. Petitioner's request for judicial notice overruled as moot. Draper, J., not participating.

SC92419	State ex rel. Jerome Morris Bey, Relator, vs. Jennifer Sachse, Warden, Respondent.
	Petition for writ of certiorari denied without prejudice pursuant to Rule 84.22. Draper, J., not participating.

SC92438	State ex rel. Monsanto Co., Solutia, Inc., Pharmacia Corp. and Pfizer, Inc., Relators, vs. The Honorable Bryan L. Hettenbach, Respondent.
	Petition for writ of prohibition denied. Stith, J., not participating.

SC92398	State ex rel. Pete Wright, Petitioner, vs. Steve Larkins and Cindy Griffith, Wardens, Respondents.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22. Price and Draper, JJ., not participating.

SC92456	State ex rel. Kirt L. MacManus and Terri L. MacManus, Relators, vs. The Honorable Mark D. Seigel, Respondent.
	Petition for writ of mandamus denied. Price, J., not participating

MOTIONS
SC92393	State of Missouri, Respondent, vs. Charles W. Rentschler, Appellant.
	Counsel for Appellant's motion to decline appointment and withdraw sustained.

SC92449	Timothy Huckaby, Appellant, vs. Division of Employment Security, Respondent.
	Appellant's motion for leave to file application for transfer out of time overruled.

SC92381	State of Missouri, Respondent, vs. Alton Louis Vaughn, Sr., Appellant.
	Appellant's Freedom of Information Act request overruled.

Day - to - Day,


____________________________________
Richard B. Teitelman
Chief Justice

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