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Minutes of January 31, 2017


Supreme Court of Missouri
en banc

January 31, 2017

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OPINION BY WILSON, J.

SC95532Charles and Mary Harter, Appellants, vs. Director of Revenue, Respondent.

AFFIRMED. Breckenridge, C.J., Fischer, Stith, Draper and Russell, JJ., concur.




OPINION BY WILSON, J.

SC95655State ex rel. Kendrick Tipler, Relator, vs. The Honorable Michael Gardner, Respondent.

PRELIMINARY WRIT QUASHED. Breckenridge, C.J., Fischer, Stith, Draper and Russell, JJ., concur.





MOTIONS FOR REHEARING

SC95482Karen Carpenter, Appellant, vs. State Board of Nursing, Respondent.

Appellant's motion for rehearing overruled.




APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC95956State of Missouri, Respondent, vs. Donald White, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED102288, denied.



SC95974

Bonnie Jensen-Price, Appellant, vs. Encompass Medical Group and Treasurer of the State of Missouri-Custodian of the Second Injury Fund, Respondents.

Respondent Encompass Medical Group's application for transfer from the Missouri Court of Appeals, No. WD79526, sustained and cause ordered transferred.



SC96003

Carrie Campbell, Widow of Richard Campbell, Respondent, and Richard Campbell, Deceased, Employee, vs. Trees Unlimited, Inc., Appellant, and FirstComp Insurance Company, Appellant.

Appellants' application for transfer from the Missouri Court of Appeals, No. SD34090, denied.



SC96038

Thomas Dennis and Sonya Cherry, Appellants, vs. Riezman Berger, P.C. and Mercy Hospital Jefferson, Respondents.

Respondent Riezman Berger, P.C.'s application for transfer from the Missouri Court of Appeals, No. ED103904, sustained and cause ordered transferred.



SC96040Philip H. Berger, Appellant, vs. Copeland Corporation, LLC, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD34193, denied.



SC96047State of Missouri, Respondent, vs. James Robert Thompson, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD78487, denied.



SC96051Treasurer of the State of Missouri-Custodian of the Second Injury Fund, Appellant, vs. Daryl Majors, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79465, denied.



SC96053Regional Convention and Sports Complex Authority, Respondent, vs. City of St. Louis, Respondent, Jeanette Oxford, et al., Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED103320-01, denied.



SC96062State of Missouri, Respondent, vs. Ronald Davis, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103196, denied.



SC96065State of Missouri, Respondent, vs. Antonio Rycraw, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED103044, denied.



SC96075State of Missouri, Respondent, vs. Eugene Culpepper, Jr., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD34231, denied.



SC96077Paul Guzzardo, Appellant, vs. Vandeventer Spring Redevelopment Corporation and Washington University, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED104288, denied.



SC96079Vivian R. Hall, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD34385, sustained and cause ordered transferred.



SC96082State of Missouri, Respondent, vs. Craig D. Stacey, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79024, denied.



SC96085Phillip Carter, Deceased, Appellant, vs. Treasurer of the State of Missouri - Custodian of the Second Injury Fund, Respondent.

Appellant Edith Joanne Carter's application for transfer from the Missouri Court of Appeals, No. WD77747 consolidated with WD78840, denied.



SC96086Joanne Carter, Respondent, vs. Treasurer of the State of Missouri as Custodian of the Second Injury Fund, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD79437, denied.



SC96088State of Missouri, Respondent, vs. Jason L. Berry, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD78753, denied.



SC96090Mary Dominick, Trustee of the Greene Family Trust Dated November 14, 2003 as Amended, Respondent, vs. Dixie Kates, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79439, denied.



SC96091State of Missouri, Respondent, vs. Arthur L. Hopkins, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD77956, denied.



SC96092Rinda Renee Timmons, Respondent, vs. Roscoe Stanley Timmons, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79389, denied.



SC96096Dennis L. Hadley (Deceased) By Nannette Hadley, Respondent, vs. BECO Concrete Products, Inc., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD34191, denied.



SC96104Jay Jackson, Gene Hon, and Karen Crawford, Trustees of the Berrong General Baptist Church, Respondents, vs. Geneva M. Speer, Herschul Verdell Speer, Jr., and Dorcas E. Speer, his wife, Priscilla Diane Talley and Ronnie Talley, her husband, Earl J. Schatte, and Lisa Bishop, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. SD34311, denied.



SC96105In the Matter of Alice Logan Temm, Deceased.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103493, denied.



SC96109Theodore J. Sansoucie, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103142, denied.



SC96111C.D.J., Jr., by and through his Next Friend C.D.J., Sr., and C.D.J., Sr., Individually, Respondent, vs. Missouri Department of Social Services, Children's Division, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103969, denied.



SC96115State of Missouri, Respondent, vs. Lawrence P. Branam, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103051, denied.



SC96123Clinton Wheeler, Appellant, vs. Edward Eftink, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED104131, denied.



SC96129State of Missouri, Respondent, vs. Kavin Rachel, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103082, denied.



SC96132Jalesia McQueen, Appellant, vs. Justin Gadberry, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103138, denied.



SC96134State of Missouri, Respondent, vs. Michael Miller, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED102895, denied.



SC96135State of Missouri, Respondent, vs. Cecil Russell McBenge, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED102277, denied.



SC96137James C. Lambrich and Debra Lambrich, Appellants, vs. Dwight Kay, et al., Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED103128, denied.



SC96139City of Cape Girardeau, Missouri, Respondent, vs. Richard Kuntze, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103593, denied.



SC96141Tiffany Stubblefield, et al., Respondents, vs. Best Cars KC, Inc., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79464, denied.



SC96142State of Missouri, Respondent, vs. Donald Curtis Billings, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD34082, denied.



SC96143State of Missouri, Respondent, vs. Justin Dion Tuttle, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD34254, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS

SC94720State ex rel. Marcellus Williams, Petitioner, vs. Troy Steele, Respondent.

Petition for writ of habeas corpus denied.



SC95998State ex rel. Electroflow Technologies International, Inc., f/k/a Electroflow Technologies, Inc. and Electenergy Technologies International, Inc. f/k/a Electenergy Technologies, Inc., Relators, vs. The Honorable Sue M. Crane, Respondent.

Petition for writ of prohibition and/or mandamus denied.

Relators' motion for order permitting filing of reply to Respondent's response/answer overruled as moot.



SC96006State ex rel. Safe Auto Insurance Company, Relator, vs. The Honorable W. Brent Powell, Respondent.

Petition for writ of prohibition denied.



SC96074State ex rel. Phoenix Home Care, Inc., Relator, vs. The Honorable Michael M. Pritchett, Respondent.

Petition for writ of mandamus or, in the alternative, prohibition denied. Russell, J., not participating.



SC96081State ex rel. Julius Worthy, Petitioner, vs. James Hurley, Superintendent, Northeast Correctional Center, Respondent.

Petition for writ of habeas corpus denied.



SC96093State ex rel. Rodney DeLong, Petitioner, vs. Dean Minor, Superintendent, Respondent.

Petition for writ of habeas corpus denied.



SC96098State ex rel. James R. Dankenbring and Spencer Fane LLP, Relators, vs. The Honorable Kristine Kerr, Circuit Judge, Circuit Court of the County of St. Louis, Missouri, Respondent.

Petition for writ of prohibition denied. Breckenridge, C.J., not participating.



SC96060State ex rel. James Graves, Petitioner, vs. Jay Cassady, Respondent.

Petition for writ of habeas corpus denied.



SC96113State ex rel. Michael Shanks, Petitioner, vs. Jennifer Sachse, Respondent.

Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22.



SC96073State ex rel. John K. Fulghum, Petitioner, vs. Jennifer Sachse, Respondent.

Petition for writ of habeas corpus denied.



SC96116State ex rel. James Leroy Payne, Sr., Petitioner, vs. Mary Attebury, Respondent.

Petition for writ of habeas corpus denied.



SC96124State ex rel. Quansa Leshal Thompson, Petitioner, vs. The Family Court of St. Louis County, Respondent.

Petition for writ of prohibition denied.



SC96125State ex rel. Calvin Turner, Petitioner, vs. Troy Steele, Respondent.

Petition for writ of habeas corpus denied without prejudice pursuant to Rules 91.02(a) and 84.22.



SC96127State ex rel. Clifford Wallace, Petitioner, vs. Jolene Taaffe and Associates, LLC, Respondent.

Petition for writ of replevin denied.





SC96130State ex rel. USAA General Indemnity Company, Relator, vs. The Honorable William B. Collins, Respondent.

Petition for writ of prohibition or mandamus denied.

Relator's motion to file exhibits secured overruled as moot.





SC96136State ex rel. Jonathan L. Ogden, Relator, vs. The Honorable Kenneth R. Garrett, III, Respondent.

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





SC96163State ex rel. Clifford Wallace, Petitioner, vs. Jolene Taaffe & Associates and Francis Slay, Respondents.

Petition for writ of replevin and writ of habeas corpus denied.




MOTIONS

SC96140State of Missouri, Plaintiff, vs. Mehrdad Fotoohighiam, Defendant.

Application pursuant to Rule 33.09 for review of lower court's failure to set conditions for release pending trial denied.





The next regular conference of Court en Banc will be on February 28, 2017.


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