Supreme Court of Missouri
en banc

May 26, 2009

OPINION BY PRICE, J.
SC89168	State of Missouri, Respondent, vs. Kevin Johnson, Appellant.
	AFFIRMED. Stith, C.J., Russell, Wolff, Breckenridge and Fischer, JJ., concur; Teitelman, J., concurs in part and dissents in separate opinion filed.

OPINION BY RUSSELL, J.
SC89473	State of Missouri, Respondent, vs. Jacob R. Pribble, Appellant.
	AFFIRMED. All concur.

OPINION BY FISCHER, J.
SC89820	State of Missouri, Respondent, vs. Terrell C. Gaw, Appellant.
	AFFIRMED. Stith, C.J., Price, Teitelman, Russell and Breckenridge, JJ., concur; Wolff, J., concurs in separate opinion filed.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC90040	American First Federal, Inc., Respondent, vs. Battlefield Center, L.P., et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED90672, denied.

SC90068	David Knight and Ray Salva, Appellants, vs. Robin Carnahan, in her official capacity as Secretary of State of Missouri; Susan Montee, in her official capacity as Missouri State Auditor; and Everett Bake, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD70257, denied.

SC90089	City of Kansas City, Missouri, Respondent, vs. Chung Ho Ku, et al., Appellants, Randall Landes, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD69807, denied. Stith, C.J., not participating.

SC90102	Gary R. Kaye, Appellant, vs. Georgia C. Kaye, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91087, denied.

SC90109	Jack Johnson, Appellant, vs. Indiana Western Express, Inc., and Treasurer, State of Missouri, as Custodian of the Second Injury Fund, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD29258, denied.

SC90115	State of Missouri, Respondent, vs. Luke Brown, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED90944, denied.

SC90116	State of Missouri, Respondent, vs. Robert Tyler, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD28713, denied.

SC90118	John Worrall, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91415, denied.

SC90121	Meramec Valley R-III School District, Appellant, vs. City of Eureka, Missouri, Respondent, and JBA Eureka, LLC, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91678, denied.

SC90122	State of Missouri, Respondent, vs. David E. Power II, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED91172, denied.

SC90124	Theresa Kiser, Appellant, vs. Stephen Scott, M.D., et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91093, denied.

SC90125	State of Missouri, Respondent, vs. Michael Moore, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED91056, sustained and cause ordered transferred.

SC90131	Joseph Banks, Respondent, vs. Sarah Steelman, Treasurer of the State of Missouri, Custodian of the Second Injury Fund, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED91699, sustained and cause ordered transferred.

SC90132	Steven Baetje and Veronica Baetje, Plaintiffs, vs. Richard Eisenbeis and Kathy Eisenbeis, Respondents, and Wendell R. Langeneckert and Deborah A. Langeneckert, Appellants.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED90649, sustained and cause ordered transferred.

SC90094	James E. Granberry, Appellant, vs. Missouri Department of Corrections, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69215, denied.

SC90133	Orla Holman Cemetery, Inc., and Susan Rector, Respondents, vs. The Robert W. Plaster Trust, and Stephen R. Plaster, Trustee of the Robert W. Plaster Trust, and Village of Evergreen, Appellants.
	Respondents' application for transfer from the Missouri Court of Appeals, No. SD28304, sustained and cause ordered transferred.

SC90139	Jason L. Rice, Respondent, vs. Shelter Mutual Insurance Company, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD69411, sustained and cause ordered transferred.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC89993	State ex rel. Lori Morgan, Relator, vs. The Honorable David B. Mouton, Respondent.
	Petition for writ of prohibition and mandamus denied.

SC90066	State ex rel. Wasim Aziz, Petitioner, vs. Jean Ann Johnson, Missouri Parole Board, Respondents.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled as moot.

SC90103	State ex rel. KC Subs, Inc., d/b/a Mr. Goodcents, Relator, vs. The Honorable W. Stephen Nixon, Respondent.
	Petition for writ of prohibition denied.

SC90104	State ex rel. Vincent Uran Williams, Petitioner, vs. State of Missouri, The Honorable James K. Journey, and The Honorable Joan L. Moriarty, Respondents.
	Petition for writ of mandamus denied.

SC90096	State ex rel. Alfred J. Simmons, Relator, vs. Missouri Board of Probation and Parole, Central Office/Central Classification, Respondent.
	Petition for writ of prohibition denied.

SC90111	State ex rel. DeMun D. Walker, Relator, vs. State of Missouri-Court Judge of Record, Respondents.
	Petition for writ of mandamus denied.

SC90114	State ex rel. James Cook, Petitioner, vs. The Honorable James R. Hartenbach, Respondent.
	Petition for writ of prohibition denied.

SC90119	State ex rel. Willie Nutall, Relator, vs. The Honorable Scott T. Horman, Respondent.
	Petition for writ of mandamus denied.

SC90120	State ex rel. David B. King, Relator, vs. The Honorable Stanley D. Williams, Respondent.
	Petition for writ of mandamus denied.

SC90137	State ex rel. Desimund Star, Relator, vs. The Honorable Jeff Bushur, Respondent.
	Petition for writ of mandamus denied.

SC90138	State ex rel. Kevin Knock, Relator, vs. The Honorable Tracy L. Storie, Respondent.
	Petition for writ of prohibition denied.

SC90140	State ex rel. Carlton K. Carr, Jr., Relator, vs. George Lombardi, Director, Missouri Department of Corrections, and Steve Long, Chairman Board of Probation and Parole, Respondents.
	Petition for writ of mandamus denied.

MOTIONS
SC57512 and SC57513	State of Missouri, Respondent, vs. Jerry Lynn Parker, Appellant.
	Appellant's motion to remand to the Circuit Court of Phelps County to file a "motion for new trial" out of time or, in the alternative, motion to recall the mandate overruled.

Day - to - Day,

____________________________________
William Ray Price, Jr.
Acting Chief Justice