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Minutes of March 29, 2011


Supreme Court of Missouri
en banc

March 29, 2011

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OPINION BY PRICE, C.J.

SC91117Gwen Marie Spicer, Appellant, vs. Donald N. Spicer Revocable Living Trust,
et al., Respondents.

DISMISSED. All concur.



OPINION BY STITH, J.

SC90971State of Missouri, Respondent, vs. Matthew T. Grayson, Appellant.

REVERSED AND REMANDED. All concur.



PER CURIAM

SC91012Eric Webb, Appellant, vs. State of Missouri, Respondent.

REVERSED AND REMANDED. Teitelman, Wolff, Breckenridge and Stith, JJ., concur; Wolff, J., concurs in separate opinion filed; Teitelman and Stith, JJ., concur in opinion of Wolff, J.; Fischer, J., dissents in separate opinion filed; Price, C.J., and Russell, J., concur in opinion of Fischer, J.




MOTIONS FOR REHEARING

SC90681Jeanne Moore and Monty Moore, Appellants, vs. Ford Motor Company, Respondent.

Respondent's motion for rehearing overruled. Russell, J., not participating.





SC91186In the Matter of the Care and Treatment of James Brasch.

Appellant's motion for rehearing overruled.





SC90582Ernest Johnson, Appellant, vs. State of Missouri, Respondent.

Appellant's motion for rehearing overruled.





SC90775State of Missouri, Respondent, vs. George Biggs, Appellant.

Appellant's motion for rehearing overruled.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC91384Edgar Calvin Marshall, III, Respondent, vs. Marshall Farms, Inc., et al., Defendants, Marshall Farms, Inc., and Lucky Seven Partnership, a Missouri General Partnership, Appellants.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD30440, denied.


SC91449Autry Morlan Chevrolet, Cadillac, Inc., Appellant, vs. RJF Agencies, Inc., U.S. Bancorp, Inc., and Frank Reahr, Respondents.

Respondents U.S. Bancorp, Inc. and Frank Reahr's application for transfer from the Missouri Court of Appeals, No. SD30329, denied.


SC91453Henry T. Herschel, Matthew W. Murphy, and John A. Tackes, Respondents, vs. Jeremiah W. Nixon, John R. Watson, Lawrence G. Rebman, Peter Lyskowski, The Division of Workers' Compensation of the Department of Labor and Industrial Relations of the State of Missouri, and The Office of Administration, State of Missouri, Appellants.

Respondents' application for transfer from the Missouri Court of Appeals, No. WD71518, denied.


SC91457Rodney Cutts, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED94430, denied.


SC91504Asset Acceptance, LLC, Assignee of Bank of America, Respondent, vs. Chris Schaumann, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED94619, denied.


SC91514State of Missouri, Respondent, vs. James J. Hamilton, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD72339, denied.




SC91518Alonzo Echols, Appellant, vs. The City of Riverside, Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD71560, denied.




SC91520State of Missouri, Respondent, vs. Dion E. Young, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD71144, denied.




SC91521Terry A. Greene, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD71153, denied.




SC91522State ex rel. Dewey & LeBoeuf, LLP, Relator, vs. Honorable Kevin Crane, Boone County Circuit Judge, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD73151, denied.



SC91524Dodson International Parts, Inc., Respondent, vs. National Union Fire Insurance Company of Pittsburgh Pennsylvania, et al., Appellant.

Appellant National Union Fire Insurance Company of Pittsburgh Pennsylvania's application for transfer from the Missouri Court of Appeals, No. WD71893, denied. Stith, J., not participating.



SC91525United Asset Management Trust Company, Trustee for Coast-to-Coast Holding Trust, Appellant, vs. Keith A. Clark, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD71589, denied.



SC91527State of Missouri ex rel. Chris Koster, Missouri Attorney General, Appellant, vs. John Q. Huddleston, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD71458, denied.



SC91528State of Missouri ex rel. Chris Koster, Appellant, vs. Brent M. Quick, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD71459, denied.





SC91530Maurice T. Davis, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD70466, denied.


SC91531Michael Richards, Appellant, vs. K & K Supply, Inc., Defendant, Division of Employment Security, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD72154, denied.



SC91548Dianne Mathews, Appellant, vs. B and K Foods, Inc., and Missouri Division of Employment Security, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD30319, denied.



SC91549In the Interest of A.R.P.
T.M., Appellant, vs. Greene County Juvenile Office, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD30610, denied.



SC91551Wachovia Dealers, Respondent, vs. Samuel Lipari, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD73234, denied.



SC91552State of Missouri, Respondent, vs. Richard G. Anderson, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD30369, denied.



SC91553State of Missouri, Appellant, vs. Kevin C. Dixon, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED95181, denied.



SC91554Champion Bank, Respondent, vs. Visionary Imaging, LLC, et al., Defendants, and Kenneth E. Mann, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED94416, denied.



SC91557In re the matter of: Bruce G. Robert QTIP Marital Trust, Respondent, vs. Joan M. Grasso, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED93836, denied.



SC91558Amanda Brinker, Respondent, vs. Capital Restoration & Painting Company, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED94308, denied.



SC91574Gerald Husak, Appellant, vs. Walter Simon III, Defendant, and Travelers Insurance Company, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED95071, denied.



SC91575In the Interest of: K.L.C., Minor,
G.C., Natural Father, Appellant, vs. Greene County Juvenile Office, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD30632, denied.



SC91582State of Missouri, Respondent, vs. Judy Pickens, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED93494, denied.



SC91583State of Missouri, Respondent, vs. Paul M. Lee, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED94063, denied.



SC91588Jantzer Washington, Appellant, vs. Meridian Medical Technologies, Respondent, and Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, Additional Party.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED95139, denied.



SC91590Samuel L. Brown, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED94569, denied.



SC91595Georgia Brown, Appellant, vs. Karen J. Harris, D.M.D., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED93405, denied.



SC91596David Parsons, Appellant, vs. Steelman Transportation, Inc., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD30485, denied.



SC91597Kevin Airis, et al., Appellants, vs. Metropolitan Zoological Park and Museum District, et al., Defendants, St. Louis Science Center Subdistrict, Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED94807, denied.



SC91598Barbara Kemp, Appellant, vs. 14051 Manchester, Inc., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED94873, denied.



SC91609Deutsche Bank National Trust Company, as Trustee in Trust for the Benefit of the Certificate Holders for Ameriquest Mortgage Securities Trust 2004-R1, Asset-Backed Pass-Through Certificates, Series 2004-R1, Respondent, vs. Robert E. Suppenbach and Idella V. Suppenbach, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD72084, denied.



SC91612Patricia Willits, et al., Appellants, vs. Peabody Coal Company, LLC, et al., Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED94777, denied.




WRITS AND OTHER ORIGINAL PROCEEDINGS


SC91367State ex rel. Express Scripts, Inc., Relator, vs. The Honorable Joseph L. Walsh, III, Respondent.

Petition for writ of prohibition denied.


SC91490State ex rel. Mahesh Singh, Raj Singh, Dave Singh and David Daise, Relators, vs. The Honorable Patricia S. Joyce, Respondent.

Petition for writ of mandamus sustained. Preliminary writ ordered to issue returnable to Court en Banc within thirty days.



SC91516State ex rel. Thomas J. Ingrassia, Petitioner, vs. Alan Blake, Respondent.

Petition for writ of habeas corpus denied.

Petitioner's motion for the Court to make finding of fact and conclusions of law overruled.



SC91538State ex rel. Wayne Jones, Petitioner, vs. State of Missouri and The Honorable Steven Ohmer, Respondents.

Petition for writ of mandamus denied.



SC91540State ex rel. Jarrod A. Lilly, Petitioner, vs. Jeff Norman, Warden, Respondent.

Petition for writ of habeas corpus denied




SC91547State ex rel. Joseph Kennedy, Petitioner, vs. Larry Denney, Respondent.

Petition for writ of habeas corpus denied.




SC91556State ex rel. Russell E. Bucklew, Relator, vs. J. Marty Robinson, et al., Respondents.

Petition for writ of mandamus and/or habeas corpus denied.

Relator's motion to deposit exhibits ex parte and under seal in support of petition for writ of mandamus directing the Missouri State Public Defender System to provide expert services or, in the alternative, discharging Relator from the death sentence against him overruled as moot.



SC91491State ex rel. Arvin J. Garrett, Petitioner, vs. George A. Lombardi, Respondent.

Petition for writ of habeas corpus denied.




SC91569State ex rel. James B. Stradtner, Petitioner, vs. Dave Dormire, Superintendent, Respondent.

Petition for writ of habeas corpus denied.



SC91570State ex rel. Claudio A. Vallejo, Petitioner, vs. State of Missouri, Respondent.

Petition for writ with motion to expedite denied.




SC91581State ex rel. Shane Spratt, Relator, vs. The Honorable John Sims, Respondent.

Petition for writ of prohibition denied.




SC91586State ex rel. Julia Eye, Relator, vs. The Honorable Robin Fulton, Respondent.

Petition for writ of prohibition denied.




SC91505State ex rel. Donnie R. Bolden, Petitioner, vs. Dave Dormire, Warden, Respondent.

Petition for writ of habeas corpus denied.

Petitioner's motion for judicial notice overruled as moot.




SC91537State ex rel. Richard L. Stallings, Petitioner, vs. Larry Denney, Respondent.

Petition for writ of habeas corpus denied without prejudice pursuant to Supreme Court Rules 84.22 and 91.02.



SC91594State ex rel. Southern Union Company d/b/a Missouri Gas Energy, Relator, vs. The Honorable David M. Byrn, Respondent.

Petition for writ of prohibition denied.



SC91605State ex rel. Chicago Title Insurance Company, Relator, vs. The Honorable Robert M. Schieber, Respondent.

Petition for writ of prohibition denied.

Relator's motion to stay accounting judgment pending decision on petition for writ of prohibition overruled.



MOTIONS

SC91513State of Missouri, Plaintiff, vs. David Johnson, Defendant.

Defendant's application pursuant to Rule 33.09 regarding excessive conditions for release pending trial overruled.


SC91500In re: Gregg T. Hyder, Petitioner.

Informant's motion to dismiss petition for reinstatement sustained.





The next regular conference of Court en Banc will be on April 26, 2011.



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