Supreme Court of Missouri
en banc

January 26, 2016

OPINION BY DRAPER, J.
SC94658	State of Missouri, Respondent, vs. Chadwick Leland Walter, Appellant.
	VACATED AND REMANDED. Breckenridge, C.J., Stith and Teitelman, JJ., concur; Wilson, J., dissents in separate opinion filed; Russell, J., dissents in separate opinion filed; Fischer, J., concurs in opinion of Russell, J.

OPINION BY DRAPER, J.
SC95098	In re: Sanford P. Krigel, Respondent.
	DISCIPLINE IMPOSED. Stith and Russell, JJ., concur; Breckenridge, C.J., concurs in part and dissents in part in separate opinion filed; Fischer, J., dissents in separate opinion filed; Wilson and Teitelman, JJ., concur in opinion of Fischer, J.

OPINION BY WILSON, J.
SC94745	State of Missouri, Appellant, vs. Jerri Smiley, Respondent.
	APPEAL DISMISSED. All concur.

OPINION BY WILSON, J.
SC94924	State of Missouri, Respondent, vs. Justin Floyd Eugene Jones, Appellant.
	AFFIRMED. Breckenridge, C.J., Fischer, Stith and Russell, JJ., concur; Draper, J., concurs in part and dissents in part in separate opinion filed; Teitelman, J., concurs in opinion of Draper, J.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC95348	State of Missouri, Respondent, vs. Eric Myles, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED101486, denied.

SC95353	Alyssa D. Bustamante, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD77493, denied.

SC95387	Chuck Ferros, Appellant, vs. Micah Weeks Ferros and Robin Weeks, Defendants, and PNC Bank, N.A., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED102766, denied.

SC95393	State of Missouri, Respondent, vs. Marion William Kasparie, Jr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD33590, denied.

SC95394	Lee Hobbs and Jonesburg United Methodist Church, individually and on behalf of all others similarly situated, Respondents, vs. TAMKO Building Products, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD33529, denied.

SC95397	Stephen K. Cox, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD33489, denied.

SC95400	Cynthia L. Waters, Appellant, vs. Meritas Health Corporation d/b/a Northland Cardiology and James H. Mitchell, M.D., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD77843, denied.

SC95403	James Pittman, Appellant, vs. Cook Paper Recycling Corp., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD77973, denied.

SC95405	Treasurer of the State of Missouri-Custodian of the 2nd Injury Fund, Appellant, vs. Abby Couch, Deceased; Billy Couch, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD78312, denied.

SC95407	Missouri Department of Social Services, Appellant, vs. Gwendolyn Beem, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD78159, denied.

SC95408	Kenny S. Thomas, et al., Appellants, vs. Grant Thornton LLP, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD78122, denied.

SC95409	American Family Mutual Insurance Company, Appellant, vs. Stephen Parnell, Deanna Parnell, C.P., a Minor, M.S., a Minor, and K.L., Natural Mother and Next Friend of M.S., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD77813, denied.

SC95410	Andrew Sapien, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD77524, denied.

SC95411	Jerome McClendon, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED102442, denied.

SC95412	State of Missouri, Respondent, vs. Umar Muhammad, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76966, denied.

SC95413	Donald L. Queen, Jr., Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED101841, denied.

SC95414	State of Missouri, Respondent, vs. David Bennish, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED101370, denied.

SC95418	Mary Simmons, Respondent, vs. Farmers Insurance Company, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED102140, denied.

SC95421	State of Missouri ex rel. Attorney General Koster and the Missouri Department of Natural Resources, Respondents, vs. Whispering Oaks Residential Care Facility, LLC, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED102033, denied.

SC95428	Richard A. Carden and Rosalie P. Carden, Appellants, vs. CSM Foreclosure Trustee Corp., et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD33868, denied.

SC95435	Leola Degonia, Appellant, vs. Webb City R-VII School District, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD33805, denied.

SC95439	State of Missouri, Respondent, vs. Jason William Hanan, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD33681, denied.

SC95440	Fannie Mae, Appellant/Cross-Respondent, vs. University Village Apartments, UVA Partners, L.L.C., Rick Yackey, Midland Management, L.L.C., Woodsmill Management Company, and Bill L. Bruce, Respondents/Cross-Appellants.
	Respondents/Cross-Appellants University Village Apartments, UVA Partners, L.L.C., Rick Yackey, and Bill L. Bruce's application for transfer from the Missouri Court of Appeals, No. ED101796, denied.

SC95442	Daniel Ezersky, Appellant, vs. Edward D. Jones & Company, LP d/b/a Edward Jones, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED102474, denied.

SC95444	State of Missouri ex rel. Attorney General Chris Koster and the Missouri Petroleum Storage Tank Insurance Fund Board of Directors, Respondents, vs. ConocoPhillips Company and Phillips 66 Company, Respondents, and Cory Wagoner, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED102505, sustained and cause ordered transferred.

SC95377	State ex rel. Heartland Title Services, Inc., f/k/a Heartland Title Company, Inc., and James C. Day, Relators, vs. The Honorable Kevin D. Harrell, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC95383	State ex rel. General Motors, LLC, Relator, vs. The Honorable David L. Dowd, Respondent.
	Petition for writ of prohibition and for interim relief including a stay denied.

SC95384	State ex rel. General Motors, LLC, Relator, vs. The Honorable David L. Dowd, Respondent.
	Petition for writ of prohibition and for interim relief including a stay denied.

SC95385	State ex rel. General Motors, LLC, Relator, vs. The Honorable David L. Dowd, Respondent.
	Petition for writ of prohibition and for interim relief including a stay denied.

SC95390	State of Missouri ex rel. LVNV Funding, LLC, Relator, vs. The Honorable Gary Oxenhandler, Respondent.
	Petition for writ of prohibition or, in the alternative, mandamus denied.

SC95391	State of Missouri ex rel. LVNV Funding, LLC, Relator, vs. The Honorable Gary Oxenhandler, Respondent.
	Petition for writ of prohibition or, in the alternative, mandamus denied.

SC95404	State ex rel. Brandon B. Howell, Relator, vs. The Honorable Joel P. Fahnestock, Respondent.
	Petition for writ of mandamus/prohibition denied.

SC95423	State ex rel. Billy J. Reynolds and Jody F. Miller, Petitioners, vs. Missouri Board of Probation and Parole and Matt Strum, Respondents.
	Petition for writ of certiorari denied.

SC95426	State ex rel. DJ Holdings of Springfield, Inc., Genesis Health Club, Inc., Genesis Health Clubs, LLC, Genesis Health Club Management, Inc., and Genesis Health Clubs of Springfield, LLC, Relators, vs. The Honorable Timothy Perigo, Respondent.
	Petition for writ of prohibition denied.

SC95427	State ex rel. Meredith Corporation, Relator, vs. The Honorable Janet Sutton, Respondent.
	Petition for writ of prohibition denied.

SC95432	State ex rel. Hiram A. Lara, Relator, vs. The Honorable S. Margene Burnett, Respondent.
	Petition for writ of prohibition or mandamus denied. Relator's motion for stay overruled as moot.

SC95434	State ex rel. Fresenius USA, Inc., et al., Relators, vs. The Honorable Rex M. Burlison, Respondent.
	Petition for writ of mandamus and prohibition denied.

SC95437	State ex rel. U.S. Engineering Company and Jackson County, Missouri, Relators, vs. The Honorable Steven R. Ohmer, Respondent.
	Petition for writ of prohibition denied.

SC95399	State ex rel. David L. Mayes, Petitioner, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied.

SC95406	State ex rel. Pheob Haynes, Petitioner, vs. State of Missouri and Jay Cassady, Respondents.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled as moot.

MOTIONS
SC90286	State of Missouri, Respondent, vs. Lance C. Shockley, Appellant.
	Appellant's motion to recall the mandate and remand for new trial overruled. Appellant's motion to disqualify the Office of the Missouri Attorney General and motion to appoint a special prosecutor overruled.

SC95098	In re: Sanford P. Krigel, Respondent.
	Respondent's motion to consider additional evidence de novo or, alternatively, for appointment of special master overruled as moot.

Day - to - Day,


____________________________________
Patricia Breckenridge
Chief Justice

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