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Minutes of May 2, 2017


Supreme Court of Missouri
en banc

May 2, 2017

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OPINION BY DRAPER, J.

SC95665Bruce Watson, Appellant, vs. State of Missouri, Respondent.

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


APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC96055State of Missouri, Respondent, vs. Lamar Anthony McVay, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD33854, denied.



SC96178Portia M. McMillan, Appellant, vs. Pilot Travel Centers, LLC, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED104321, denied.



SC96181State of Missouri, Respondent, vs. Brian Keith McBenge, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED102147, denied.



SC96184Rwoeshan Booker, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103213, sustained and cause ordered transferred.



SC96196State of Missouri, Respondent, vs. George Edwin Joseph, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103554, denied.



SC96198State of Missouri, Respondent, vs. Brandon Lenior, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103276, denied.



SC96201Eugene W. Dwiggins, Appellant, vs. Missouri Real Estate Appraisers Commission, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79749, denied.



SC96214

In the matter of the application of KCP&L Greater Missouri Operations Company for permission and approval of a certificate of public convenience and necessity authorizing it to construct, install, own, operate, maintain and otherwise control and manage solar generation facilities in Western Missouri; United For Missouri; Office of Public Counsel, Appellants, vs. Missouri Public Service Commission, KCP&L Greater Missouri Operations Co., and Missouri Division of Energy, Respondents.

Appellant Office of Public Counsel's application for transfer from the Missouri Court of Appeals, No. WD79550 consolidated with WD79551, denied.



SC96225State of Missouri ex rel. The Regional Convention and Sports Complex Authority, Relator, vs. The Honorable Michael D. Burton, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED104648, sustained and cause ordered transferred.




SC96257In the Matter of the Care and Treatment of Milton George, a/k/a Milton D. George, a/k/a Milton Dewayne George, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD78928, denied.



SC96261Herion Company, Respondent, vs. Taney County, Missouri, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD33512, denied.



SC96270Kirk Wilson, Appellant, vs. Progressive Waste Solutions of Mo. Inc., and Division of Employment Security, Respondents.

Respondent Division of Employment Security's application for transfer from the Missouri Court of Appeals, No. ED104512, denied.



SC96274Antoine Adem, M.D., Appellant, vs. Des Peres Hospital, Inc., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED104191, denied.



SC96275Nick Savage, Appellant, vs. Kansas City Power & Light Company, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79299, denied.



SC96277State of Missouri, Respondent, vs. Joseph Simmons, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD78998, denied.




SC96278Keith Meiners, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103861, sustained and cause ordered transferred.



SC96280Sun Aviation, Inc., Respondent, vs. L-3 Communications Avionics Systems, Inc., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79454 consolidated with WD79641, sustained and cause ordered transferred.




SC96282State of Missouri, Respondent, vs. Arthur N. Welch, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103896, denied.




SC96283Anthony C. Washington, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD78789, denied.




SC96284State of Missouri, Respondent, vs. Sandra M. Dallas, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103181, denied.



SC96294The Vanita M. Casey Trust, et al., Respondents, vs. Christopher Casey, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79396, denied.



SC96301Empire Fire and Marine Insurance Company, Respondent, vs. Wendi Fraction, et al., Appellants.

Appellants Wendi Fraction and Melvin Fraction's application for transfer from the Missouri Court of Appeals, No. ED104367, denied.



SC96279Jimmy L. Decker, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD34426, denied.




WRITS AND OTHER ORIGINAL PROCEEDINGS

SC96219State ex rel. Ronald Fennewald, as brother of Thomas Fennewald, Deceased, Relator, vs. the Honorable Patricia S. Joyce, Respondent.

Petition for writ of prohibition sustained. Preliminary writ of prohibition ordered to issue returnable to Court en banc in thirty days.


SC96231State ex rel. Amar Green-Bey, Relator, vs. Michael Bowersox, Respondent.

Petition for writ of mandamus denied without prejudice to seek habeas corpus relief upon conclusion of pending post conviction motion, if appropriate.



SC96207State ex rel. Matthew E. Sheard, Petitioner, vs. Ronda Pash, Warden of the Crossroads Correctional Center, Respondent.
Petition for writ of habeas corpus denied.

Petitioner's motion for appointment of the Missouri Public Defender overruled.



SC96252State ex rel. Neldon Neal, Petitioner, vs. Missouri Court of Appeals, Southern District, Respondent.

Petition for writ of prohibition or mandamus denied.



SC96194State ex rel. Garfield White, Relator, vs. Thomas Kloeppinger, Circuit Clerk, 22nd Judicial Circuit, Respondent.

Petition for writ of mandamus denied.



SC96256State ex rel. Christine Bell-Kaplan, Relator, vs. The Honorable Brandi L. Baird, Respondent.

Petition for writ of prohibition denied.



SC96260State ex rel. Anthony Giaimo, Petitioner, vs. Michael Bowersox, Respondent.

Petition for writ of habeas corpus denied.



SC96254State ex rel. David Mayes, Petitioner, vs. Michael Bowersox, Warden, Respondent.

Petition for writ of habeas corpus denied.



SC96249State ex rel. DeMun D. Walker, Petitioner, vs. Judge of Court of Record, Respondent.

Petition for writ of certiorari denied.



SC96264State ex rel. William Cooper, Petitioner, vs. Ryan Crews, Respondent.

Petition for writ of habeas corpus denied.



SC96285State ex rel. CJ International, Inc., Relator, vs. The Honorable James W. Van Amburg, Respondent.

Petition for writ of prohibition denied.



SC96293State ex rel. Drew Anstine, Petitioner, vs. Tom Villmer, Respondent.

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



SC96295State ex rel. Ronald Douglas, Petitioner, vs. The Honorable Maura B. McShane, the Honorable Philip M. Hess, and the judges of the adult abuse court, Respondents.

Petition for writ of mandamus or prohibition and request for other relief denied.



SC96240State ex rel. Tony K. Vann, Petitioner, vs. Sherie Korneman, Warden, Respondent.

Petition for writ of habeas corpus denied.



SC96253State ex rel. Jerry McCrary, Petitioner, vs. Omer Clarke, Warden, Respondent.

Petition for writ of habeas corpus denied.




SC96302State ex rel. A-1 Premium Acceptance, Inc., d/b/a King of Kash, Relator, vs. The Honorable Joel Fahnestock, Respondent.

Petition for writ of prohibition denied.



MOTIONS

SC96011In re: Joel B. Eisenstein, Petitioner.

Informant's motion to dismiss petition for reinstatement overruled.



SC89833State of Missouri, Respondent, vs. Brian Joseph Dorsey, Appellant.

Appellant's motion to recall the mandate overruled without prejudice to filing a petition for writ of habeas corpus.







The next regular conference of Court en Banc will be on May 30, 2017.


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