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Minutes of June 27, 2017


Supreme Court of Missouri
en banc

June 27, 2017

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OPINION BY BRECKENRIDGE, C.J.

SC95658Bishop & Associates, LLC, Appellant, vs. Ameren Corporation, Union Electric Company d/b/a Ameren Missouri, Ameren Services Company, James Armistead, Michael Wright, and Richard George, Respondents.

AFFIRMED. Fischer, Stith, Draper, Wilson and Russell, JJ., concur. Powell, J. not participating.



OPINION BY FISCHER, J.

SC96223In re: Ryan J. McMillin, Respondent.

DISBARRED. All concur.



OPINION BY STITH, J.

SC95777Robert L. Johnson, Respondent/Cross-Appellant, vs. Auto Handling Corporation, Cross-Respondent, and Cottrell, Inc., Appellant/Cross-Respondent.

REVERSED AND REMANDED. Breckenridge, C.J., Fischer, Draper, Wilson and Russell, JJ., concur. Powell, J., not participating.



OPINION BY STITH, J.

SC95909Daniel McKay, Appellant, vs. State of Missouri, Respondent.

VACATED AND REMANDED WITH INSTRUCTIONS. Breckenridge, C.J., Fischer, Draper, Wilson and Russell, JJ., concur. Powell, J., not participating.



OPINION BY WILSON, J.

SC95752In the Matter of the Care and Treatment of Carl Kirk, Appellant, vs. State of Missouri, Respondent.

AFFIRMED. Breckenridge, C.J., Fischer, Stith, Draper and Russell, JJ., concur. Powell, J., not participating.



OPINION BY WILSON, J.

SC95975In the Matter of the Care and Treatment of Jay Nelson, a/k/a Jay T. Nelson, a/k/a Jay T. Nelson, Jr., Appellant, vs. State of Missouri, Respondent.

AFFIRMED. Breckenridge, C.J., Fischer, Stith, Draper and Russell, JJ., concur. Powell, J., not participating.



OPINION BY RUSSELL, J.

SC95791In re: Circuit Court Budget of the 45th Judicial Circuit of the State of Missouri, Lincoln County Commission, Dan Colbert, Presiding Commissioner, Eugene Galloway, Commissioner, Dist. 1, Matt Bass, Commissioner, Dist. 2, Respondent, vs. Forty-Fifth Judicial Circuit, Presiding Circuit Judge, Appellant.

AFFIRMED. Breckenridge, C.J., Fischer, Stith, Draper and Wilson, JJ., concur. Powell, J., not participating.





MOTIONS FOR REHEARING

SC95303Michael Tisius, Appellant, vs. State of Missouri, Respondent.

Appellant's motion for rehearing overruled. Powell, J., not participating.



SC95175Mary Ann Smith, d/b/a Smith's Kennel, Appellant, vs. The Humane Society of the United States and Missourians for the Protection of Dogs, Respondents.

Appellant's motion for rehearing overruled. Powell, J., not participating.

Respondent Missourians for the Protection of Dogs' motion for taxation of costs overruled. Powell, J., not participating.


SC95527Rodney Creighton, Appellant, vs. State of Missouri, Respondent.

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


SC95546State of Missouri ex rel. Missouri Coalition for the Environment, et al., Appellants, vs. Joint Committee on Administrative Rules, et al., Respondents.

Appellants' motion for rehearing overruled. Wilson and Powell, JJ., not participating.


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

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


SC95538Cary Newsome, Respondent, vs. Kansas City, Missouri School District, Appellant.

Appellant's motion for rehearing or to modify opinion overruled. Powell, J., not participating.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC96360Lisa Johnson, Appellant, vs. Lou Fusz Automotive Network, Inc., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED104593, denied.



SC96361Aaron Robinson, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103301, denied.



SC96362In the Matter of Foreclosure of Liens for Delinquent Land Taxes by Action In Rem, Collector of Revenue, City of St. Louis, Missouri, Respondent, vs. Parcels of Land Encumbered with Delinquent Tax Liens, Defendants.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED104414, denied.



SC96363State of Missouri, Respondent, vs. Richard E. Carter, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103570, denied.



SC96364Christopher Wimmer, Appellant, vs. Marianist Province of the United States, a Non-Profit Corporation, Father Martin Solma, Provincial of the Marianist Province of the United States, and Chaminade College Preparatory, Inc., a Non-Profit Corporation, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED104526, denied.




SC96365Robert K. Smith, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED104271, denied.




SC96366St. Louis Bank, Respondent, vs. Brutus Construction LLC, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED104144, denied.




SC96367Earnest E. Holt, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103987, denied.




SC96368State of Missouri, Respondent, vs. Bennie Alford, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED104176, denied.




SC96369Belvin Williams, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103600, denied.



SC96372City of Joplin, Missouri, and Joplin Redevelopment Corporation, Inc., Respondents, vs. Wallace Bajjali Development Partners, L.P., and David G. Wallace, and Costa Bajjali, Appellants.

Appellant Wallace Bajjali Development Partners, L.P.'s application for transfer from the Missouri Court of Appeals, No. SD34635, denied.



SC96377Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Home Equity Loan Trust 2005-3 (MSHEL 2005-3), Respondent, vs. Enoch and Karen Pyle, Apellants, and Homeland Capital Group, LLC, Defendant.

Appellants' application for transfer from the Missouri Court of Appeals, No. SD34133, denied.



SC96383Cory Wagoner, an individual and beneficiary of Missouri Petroleum Storage Tank Insurance Fund Trust, Appellant, vs. ConocoPhillips, a Delaware Corporation, Don McNutt, Jim Ford, Harry Bozoian, Schuyler Mariea, Danny Opie, Melvin Shebaum, Renee Slusher, John Albert, Tom Kolb, Tom Pfeiffer, and Sooner Insurance Company, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD34293, denied.



SC96384Meridian Creative Alliance, LLC, Appellant/Respondent, vs. O'Reilly Automotive Stores, Inc., Respondent/Cross-Appellant, vs. Meridian Creative Alliance, LLC, Bob Bryant, James Lewis, John Dillon and Ron Byerly, Respondents.

Appellant-Respondent Meridian Creative Alliance, LLC, and Respondents Meridian Creative Alliance, LLC, Bob Bryant, James Lewis, and John Dillon's application for transfer from the Missouri Court of Appeals, No. SD34161 consolidated with SD34175 and SD34189, denied.


SC96387State of Missouri, Respondent, vs. Anthony Shegog, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79174, denied.




SC96391Intermed Insurance Co., Respondent, vs. Doyle B. Hill, D.O., Hartville Medical Center, P.C., and Jeffrey David Martin, Respondents, and Penny L. Boyce, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD34480, denied.




SC96393Jack M. Henson, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD34496, denied.




SC96395Patricia A. Wilson, Appellant, vs. Dura-Seal and Stripe, Inc., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED104570, denied.




SC96397State of Missouri, Respondent, vs. Michael T. Reiter, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD78877, denied.




SC96407Doni Miller and Bruce Cohen, Appellants, vs. Genevieve Frank, Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED104450, denied.




SC96411HSBC Mortgage Services, Inc., Respondent, vs. Donald Bolin and Kimberly Bolin, Appellants, and John Doe and Mary Roe, Defendants.

Appellant Kimberly Bolin's application for transfer from the Missouri Court of Appeals, No. ED104152, denied.




SC96414Greg St. John and Joan St. John, Appellants, vs. Ridgetree Trails Homeowners Association, Doris Lahay, Brenda Wilson, Don St. Julian, and Dave Jinkerson, Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED104352, denied.




SC96415State of Missouri, Respondent, vs. Jason McDowell, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103993, denied.




SC96416State of Missouri, Respondent, vs. Ralph Baby Jones, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103677, denied.



SC96418Laurie Holesapple, et al., Appellants, vs. Missouri Highways and Transportation Commission, Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, No. SD34122, denied.




SC96419Daniel Barkho, Respondent, vs. Beth Ready, Respondent, Douglas Ready, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79827, denied.




SC96420John Olsen, et al., Respondents, vs. Javed Q. Siddiqi and Global BizDimensions, LLC, Defendants, and American Family Mutual Insurance Company, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED103641, denied.




SC96423J & M Securities, Respondent, vs. Adam R. Mees, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED104680, denied.



SC96427In the matter of the application for Ameren Transmission Company of Illinois for other relief or, in the alternative, a certificate of public convenience and necessity authorizing it to construct, install, own, operate, maintain and otherwise control and manage a 345,000-volt electric transmission line from Palmyra, Missouri, to the Iowa border and associated substation near Kirksville, Missouri; Neighbors United Against Ameren's Power Line, Appellant, vs. Public Service Commission of Missouri and Ameren Transmission Company of Illinois, Respondents.

Respondent Public Service Commission's application for transfer from the Missouri Court of Appeals, No. WD79883, denied.

Respondent Ameren Transmission Company of Illinois' application for transfer from the Missouri Court of Appeals, No. WD79883 denied.



SC96429State of Missouri, Respondent, vs. Krystal M. Scroggs, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79068, denied. Fischer, J., not participating.




SC96432Swallow Tail, LLC, Appellant, vs. The Missouri Department of Conservation, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79560, denied.




SC96435K.C. Air Cargo Services, Inc., Respondent, vs. The City of Kansas City, Missouri, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79786, denied.



SC96436State of Missouri, Respondent, vs. Tommy Davidson, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD79265, denied.


SC96442In the matter of the application of Laclede Gas Company to change its infrastructure system replacement surcharge in its Laclede Gas Service Territory, Respondent, vs. Office of the Public Counsel, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79830, denied.


SC96443In the matter of the water rate request of Hillcrest Utility Operating Company, Inc., Respondent, The Office of Public Counsel, Appellant, vs. Missouri Public Service Commission, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79971, denied.



SC96444Tracy Lynn Sherman, Appellant, vs. Michael F. Kaplan, M.D., and Missouri Professionals Mutual-Physicians Professional Indemnity Association (MPM-PPIA), Respondents.

Respondent Missouri Professionals Mutual-Physicians Professional Indemnity Association's application for transfer from the Missouri Court of Appeals, No. WD79718, denied.



SC96445Royce Jackson and Timothy Arnold, Appellants, vs. State of Missouri, Department of Social Services, Jackson County Children's Division, Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD79821, denied.




SC96446In the Interest of: X. J-M. and T. J-A., Plaintiffs, Juvenile Officer, Respondent, Missouri Children's Division, Respondent, vs. Royce A. Jackson and Timothy Arnold, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD79568, denied.



SC96447Septagon Construction Company Incorporated-Columbia, et al., Respondents, Stockman Construction Corp., Appellant/Cross-Respondent, vs. The Industrial Development Authority of the City of Moberly, Mayor Bob Riley and the Moberly Redevelopment Corporation, Respondents, City of Moberly, Missouri, and Moberly Area Economic Development Corp., Respondents/Cross-Appellants.

Appellant/Cross-Respondent's amended application for transfer from the Missouri Court of Appeals, No. WD79474 consolidated with WD79489, denied.



SC96449State of Missouri, Respondent, vs. Donald Luther Lafferty, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD34375, denied.




WRITS AND OTHER ORIGINAL PROCEEDINGS

SC96346State ex rel. Reginald Clemons, Relator, vs. The Honorable Rex M. Burlison, Respondent.

Petition for writ of prohibition and/or mandamus denied. Draper, J., not participating.



SC96373State ex rel. Anthony Hucker, Relator, vs. The Honorable Joseph S. Dueker, Respondent.

Petition for writ of mandamus denied.



SC96379State ex rel. Randall B. Chandler, Relator, vs. The Honorable David C. Jones, Respondent.

Petition for writ of mandamus denied.



SC96319State ex rel. Cory Deontra Bradley, Petitioner, vs. The Honorable Philip Heagney, Respondent.

Petition for writ of mandamus denied.



SC96380State ex rel. Mark A. Starkey, Petitioner, vs. Anne L. Precythe, Respondent.

Petition for writ of habeas corpus denied.

Petitioner's motion to enjoin enforcement of the State's unconstitutional extraterritorial jurisdiction statute RSMo 541.191 overruled as moot.




SC96353State ex rel. Lucio Cruz-Rivera, Petitioner, vs. Ronda Pash, Respondent.

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




SC96348State ex rel. Pete Wright, Petitioner, vs. Michael Bowersox and Missouri Department of Corrections, Respondents.

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

Petitioner's motion requesting Court to issue show cause order overruled as moot.



SC96343State ex rel. Isadore Glover, Relator, vs. State of Missouri, Respondent.

Petition for writ of habeas corpus denied.

Relator's motion to discharge for suspension of writ of habeas corpus overruled.

Relator's motion to request a copy of all motions, pleadings, documented evidence, and or all facts relied on by Respondent overruled.




SC96403State ex rel. Jerry McCauley, Petitioner, vs. Cindy Griffith, Respondent.

Petition for writ of habeas corpus denied.



SC96408State ex rel. John Ashcroft, Missouri Secretary of State, Relator, vs. The Honorable Sandra Farragut-Hemphill, Respondent.

Petition for writ of mandamus and prohibition denied.



SC96413State ex rel. Patrick O'Neall, Petitioner, vs. Dean Minor, Respondent.

Petition for writ of habeas corpus denied.



SC96428State ex rel. Anthony Shaw, Petitioner, vs. Terrena Ballinger, Respondent.

Petition for writ of habeas corpus denied.


SC96434State ex rel. Vinson R. Smalls, Petitioner, vs. State of Missouri, Linda Sanders, Warden, and Josh Hawley, Missouri Attorney General, Respondents.
Petition for writ of habeas corpus denied. Powell, J., not participating.

Petitioner's motion for appointment of counsel overruled as moot. Powell, J., not participating.


SC96440State ex rel. Brian Dorsey, Petitioner, vs. Cindy Griffith, Respondent.

Petition for writ of habeas corpus denied.



SC96451State ex rel. Tower Loan of Missouri, LLC, Relator, vs. The Honorable Marco A. Roldan, Respondent.

Petition for writ of prohibition denied.






The next regular conference of Court en Banc will be on August 22, 2017.

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