Supreme Court of Missouri
en banc

August 22, 2006

MOTIONS FOR REHEARING
SC86875	Michael Powel, Appellant, vs. Chaminade College Preparatory, Inc., and the Marianist Province of the United States, Respondents, and Archbishop Justin Rigali, William Christensen, and John J. Woulfe, Defendants.
	Respondents' motion for rehearing overruled. Opinion modified on Court's own motion. Teitelman, J., not participating.

SC87369	Mark Spiece, Respondent, vs. Melody Garland, Appellant.
	Respondent's motion for rehearing overruled. Opinion modified on Court's own motion.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC87661	Mario Ybarra, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85706, denied.

SC87734	Mary Ethridge, Respondent, vs. Tierone Bank, f/k/a First Federal Lincoln Bank, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD27016, sustained and cause ordered transferred.

SC87744	City of Bridgeton, Appellant, vs. Missouri-American Water Co., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86292, sustained and cause ordered transferred.

SC87752	Keith McCutchen, Respondent, vs. Peoplease Corporation and Edwards Transportation Company, Appellants.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27075, denied.

SC87754	State of Missouri, Respondent, vs. Justin Robinson, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD26961, denied.

SC87756	The Hertz Corporation, Respondent, vs. RAKS Hospitality, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85454, denied.

SC87757	State of Missouri, Respondent, vs. Larry C. Hashman, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD64821, denied.

SC87761	Lonnie Snelling, Appellant, vs. Larry T. McFadden, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86746, denied.

SC87762	Columbia Sussex Corporation, Wimar Tahoe Corporation, William J. Yung, and Fred Dehner, Appellants, vs. Missouri Gaming Commission, Casino One Corporation, and City of St. Louis, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD65467, denied.

SC87764	Cheryl Jennings, Appellant, vs. Station Casino St. Charles, and Missouri State Treasurer, Custodian of the Second Injury Fund, Respondents.
	Respondents Station Casino St. Charles and RSKCo.'s application for transfer from the Missouri Court of Appeals, No. ED86771, denied. Respondent Missouri State Treasurer's application for transfer from the Missouri Court of Appeals, No. ED86771, denied.

SC87768	Dorothy E. Pobst, Appellant, vs. Cape Neurological Surgeons, P.C., Kee B. Park, M.D., Cape Radiology Group, Inc., and David Anderson, M.D., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85783, denied.

SC87769	Eleanor Hickerson, Appellant, vs. McCarthy Spice and Blends, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86852, denied.

SC87770	Kathryn A. Lemme, Appellant, vs. Eagle Bank and Trust Company of Missouri, Respondent, and Hillsboro Title Co., Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86366, denied.

SC87771	Lani Meyer, by and through her next friend, Rebecca Coplin, Appellant, vs. Fluor Corporation, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86616, sustained and cause ordered transferred.

SC87772	Vic Confer, Appellant, vs. Hulcher Services, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65332, denied.

SC87782	William C. Scott, Sr., Appellant, vs. Union Planters Bank, N.A., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27154, denied.

SC87787	State of Missouri, Respondent, vs. Tyrone Cooper, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85722, sustained and cause ordered transferred.

SC87788	Strata One, Inc., f/k/a Sub One, Inc., d/b/a Strata, Respondent, vs. Thomas A. Zimmermann and Donna M. Zimmerman, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED86150, denied.

SC87790	Clifford S. Miller, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66827, denied. Appellant's motion for appointment of counsel and/or request for oral argument and hearing overruled.

SC87793	David V. McCay, Respondent, vs. Kathleen P. McCay, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86789, denied.

SC87794	State of Missouri, Respondent, vs. Antone Hill, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85983, denied.

SC87795	Donald Rudd, et al., Appellants, vs. Metropolitan St. Louis Sewer District, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED86648, denied.

SC87796	Mark Hethcote, Appellant, vs. Denise Hethcote, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86911, denied.

SC87797	Terry Hatfield, Appellant, vs. Ronald A. Leggett, Collector of Revenue, City of St. Louis, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86923, denied.

SC87798	Robert A. Alexander and Donald K. Alexander, Appellants, vs. U.S. Bank National Association, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED87117, denied.

SC87799	Joel A. Bratter, Plaintiff, vs. Airgas-Mid America, Inc., Appellant, Harry Shepherd, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86445, denied.

SC87800	In the Matter of: Katharine Hope Lawton
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86650, denied.

SC87802	State of Missouri ex rel. Jason M. Devlin, Relator, vs. The Honorable Keith M. Sutherland, Circuit Judge of Audrain County, Missouri, 12th Judicial Circuit, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED87231, denied.

SC87767	Cornell White, Appellant, vs. Douglas R. Hoff, Respondent, Missouri Public Defender System, Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86064, denied.

SC87810	State of Missouri, Respondent, vs. Larry Goodine, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26827, denied.

SC87814	Supermarket Merchandising & Supply, Inc., Respondent, vs. Jeffrey Marschuetz, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED86393, denied.

SC87816	Richard D. Weinstein, Appellant, vs. KLT Telecom, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86391, sustained and cause ordered transferred.

SC87819	WPC Corporation, Respondent, vs. Lonnie Snelling, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87179, denied.

SC87820	Mid-Continent Casualty Company, Appellant, vs. Daniel Clampett, Powell & Cunningham, L.L.C., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26697, denied.

SC87821	Roger E. Stevens, Individually and as Trustee of the Roger E. Stevens Inter Vivos Trust, Appellant, vs. Nina Howard, Respondent, and John B. Mitchell, Jr., and Joseph P. Mitchell, Intervenors.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27337, denied.

SC87822	State ex inf. Sanders ex rel. City of Lee's Summit, Missouri and City of Lee's Summit, Missouri, Respondent, vs. City of Lake Lotawana, Missouri, et al., Appellants, and Jackson County Board of Election Commissioners by and through its members, et al., Plaintiffs.
	Respondent's application for transfer, prior to disposition, from the Missouri Court of Appeals, No. WD66758, denied.

SC87829	Steven A. McMillen, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65878, denied.

SC87830	John Hallquist, Appellant, vs. Keith Midden, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86836, denied.

SC87831	William Bather, III, Respondent, vs. Holly Anne Logan and David Kenneth Logan, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD65111, denied.

SC87832	In the Matter of Bryan Pulley, an incapacitated person by David J. Pulley, next friend David J. Pulley, Respondent, vs. Elizabeth Sandgren, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD64966, denied.

SC87833	State of Missouri, Respondent, vs. Caleb D. Wheeler, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65348, denied.

SC87834	John Schwartz, et al., Appellants, vs. Bann-Cor Mortgage, et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD65187, denied.

SC87838	Kansas City Power & Light Company, Appellant-Respondent, vs. Bibb & Associates, Inc., et al., Defendants, Rockwell Automation, Inc., Respondent-Appellant.
	Respondent-Appellant's application for transfer from the Missouri Court of Appeals, No. WD64456 and WD64480, denied.

SC87858	Todd M. Oliver, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27000, denied. Price, J., not participating.

SC87860	State of Missouri, Respondent, vs. Brian Edwin Neher, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27153, sustained and cause ordered transferred.

SC87865	City of Portage Des Sioux, Respondent, vs. Klaus Lambert and Constance B. Alt, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED84658, denied.

SC87867	In the Matter of Suzanne Murray, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27284, denied.

SC87870	Josef Czuppon, Appellant, vs. Midwest Woodworking & Fixtures, Thoms Contracting, and Wise Installations, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86682, denied.

SC87872	Kehr Development, LLC, Appellant, vs. QuikTrip Corporation, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86778, denied.

SC87877	State of Missouri, Respondent, vs. Jason Merriweather, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86385, denied.

SC87884	Suren Chaganti, M.D., Appellant, vs. Thomas Nowotny, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87933, denied.

SC87885	Mary H. Stevens, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86762, sustained and cause ordered transferred.

SC87889	Glasgow Enterprises, Inc., Respondent, vs. Robert K. Bowers, et al., Defendants, Teresita Parks and Novastar Mortgage, Inc., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED87131, denied.

SC87890	Megan Swartz, Respondent, vs. Gale Webb Transportation Company, Defendant, and Christopher Hobbs, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26725, sustained and cause ordered transferred.

SC87891	Megan Swartz, Respondent, vs. Gale Webb Transportation Company, Appellant, and Christopher Hobbs, Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26722, sustained and cause ordered transferred.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC87479	State ex rel. Bruce A. Davis, Relator, vs. The Honorable John S. Waters, Jeremiah W. (Jay) Nixon and Jack L. Merritt, Respondents.
	Petition for writ of mandamus denied. Relator's motion to substitute pseudonym and to seal the record overruled as moot.

SC87702	State ex rel. John Rapheld, Petitioner, vs. James Purkett, Superintendent, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rules 84.22 and 91.02(a).

SC87760	State ex rel. DW Auto & Home Mobility Specialties, Inc., Relator, vs. The Honorable Jack Grate, Respondent.
	Petition for writ of prohibition denied.

SC87773	State ex rel. MW Builders, Inc., Relator, vs. The Honorable Sandra C. Midkiff, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC87776	State ex rel. Denzel Downing, Jr., Petitioner, vs. Allen Luebbers, Superintendent, Farmington Correctional Center, Respondent.
	Petition for writ of habeas corpus denied.

SC87774	State ex rel. Michael Hunt, Relator, vs. State of Missouri, et al., Respondents.
	Petition for writ of prohibition denied.

SC87775	State ex rel. Brian Curtis, Petitioner, vs. State of Missouri and The Honorable Michael Burton, Respondents.
	Petition for writ of habeas corpus denied.

SC87780	State ex rel. David Harris, individually, Relator, vs. The Honorable Thomas C. Grady, Respondent.
	Petition for writ of mandamus or prohibition denied.

SC87783	State ex rel. Rodney C. Evans, Petitioner, vs. Michael Bowersox, Superintendent, South Central Correctional Center, Respondent.
	Petition for writ of habeas corpus denied.

SC87784	State ex rel. James E. Moland, Petitioner, vs. Larry Denney, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC87792	State ex rel. Yokohama Tire Corporation, Relator, vs. The Honorable Marco L. Roldan, Respondent.
	Petition for writ of prohibition denied. Russell, J., not participating.

SC87731	State ex rel. James Guice, Petitioner, vs. Members of the 1999, 2001, 2003, and 2005 Boards of Probation and Parole, Respondents.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled as moot.

SC87719	State ex rel. Eugene Kenneth Jones-El, Petitioner, vs. Troy Steele, Respondent.
	Petition for writ of habeas corpus denied.

SC87808	State ex rel. Michael M. Thomas, Petitioner, vs. Jill McGuire, Respondent.
	Petition for writ of habeas corpus denied.

SC87809	State ex rel. Anthony J. Motta, Relator, vs. The Honorable Jeffrey Bushur, Respondent.
	Petition for writ of mandamus and/or prohibition denied.

SC87817	State ex rel. Barry Manor Place, LLC; White Oak Manor Place, LLC; Shirshekan Holdings, LLC; and Health Care Management, Inc., Relators, vs. The Honorable Daniel M. Czamanske, Respondent.
	Petition for writs of mandamus and prohibition denied.

SC87779	State ex rel. Gary Lee Gray, Petitioner, vs. Dave Dormire, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for finding of facts and conclusions of law overruled.

SC87846	State ex rel. Doris Michelin, Relator, vs. The Honorable David Lee Vincent, III, Respondent.
	Petition for writ of mandamus denied. Respondent's motion to keep pleadings and court documents under seal in event that an opinion is issued by this Court overruled as moot. Respondent's motion for in camera inspection of investigative file and letter dated February 22, 2006, and to keep investigative file and letter confidential overruled as moot.

SC87847	State ex rel. Joseph Roberts, Petitioner, vs. Jill McGuire, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for order to show cause overruled.

SC87848	State ex rel. Phillip Sprock, Jr., Petitioner, vs. Dwayne Kempker, Superintendent, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's request/motion for appointment of counsel overruled as moot. Petitioner's motion for a complete copy of the transcript from the associate court filing overruled.

SC87813	State ex rel. James Randall Clark, Petitioner, vs. Dana Thompson, Dave Dormire, and Kathy Fincham, Respondents.
	Petition for writ of habeas corpus denied.

SC87850	State ex rel. The BOC Group, Inc., et al., Relators, vs. The Honorable John J. Riley, Respondent.
	Petition for writ of prohibition denied.

SC87853	State ex rel. Benerie Allen, Petitioner, vs. Dave Dormire, Respondent.
	Petition for writ of habeas corpus denied.

SC87854	State ex rel. Kevin Kiefer, Relator, vs. The Honorable Stephen R. Sharp, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC87801	State ex rel. Glenn E. Escoe, Petitioner, vs. State of Missouri and Dave Dormire, Superintendent, Respondents.
	Petition for writ of habeas corpus denied.

SC87806	State ex rel. Jeron Johnson, Petitioner, vs. The Department of Corrections, Respondent.
	Petition for writ denied.

SC87857	State ex rel. Wilbur Schottel, Relator, vs. The Honorable Larry D. Harman, Respondent.
	Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc on or before September 1, 2006.

SC87861	State ex rel. RayVon Gibbs, Petitioner, vs. Mike Kemna, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC87863	State ex rel. Mary Hemingway, Relator, vs. The Honorable John F. Garvey, Respondent.
	Petition for writ of prohibition denied.

SC87864	State ex rel. Harold Kauble, Relator, vs. The Honorable James R. Hartenbach, Respondent.
	Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC87874	State ex rel. Marc P. Weinberg and Samuel M. Kramer, Co-Personal Representatives of the Estate of Manuel Kramer, Deceased, Relators, vs. The Honorable Mark D. Seigel, Respondent.
	Petition for writ of prohibition denied.

SC87876	State ex rel. Stanley J. Kuecker, et al., Relators, vs. The Honorable Barbara W. Wallace, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days. Price, J., not participating.

SC87878	State ex rel. Rebecca E. Pooker, by and through her Next Friend, Norman Pooker, Relator, vs. The Honorable Gary P. Kramer, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

MOTIONS
SC61528	State of Missouri, Respondent, vs. Kevin Strickland, Appellant.
	Appellant's motion to recall the mandate overruled. Appellant's motion for appointment of counsel overruled as moot. Appellant's second motion for appointment of counsel overruled as moot. Appellant's third motion for appointment of counsel overruled as moot.

SC87718	In re: Dan J. Kazanas, Petitioner.
	Petition for reinstatement denied.

SC87564	State ex rel. Charles Mertens, Relator, vs. The Honorable Thomas J. Brown, III, Respondent.
	Respondent's motion to alter preliminary writ/motion to expedite overruled.

SC83485	State of Missouri, Respondent, vs. Andre Cole, Appellant.
	Appellant's motion to recall the mandate overruled.

SC87840	State of Missouri, Respondent, vs. John Burgin, Appellant.
	Appellant's motion to retransfer to the court of appeals overruled.

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