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Minutes of November 24, 2015


Supreme Court of Missouri
en banc

November 24, 2015

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OPINION BY BRECKENRIDGE, C.J.

SC90197State ex rel. Reginald Clemons, Petitioner, vs. Steve Larkins, Superintendent, Respondent.

VACATED AND REMANDED. Stith and Teitelman, JJ., and Hardwick, Sp.J., concur; Wilson, J., dissents in separate opinion filed; Fischer and Russell, JJ., concur in opinion of Wilson, J. Draper, J., not participating.



OPINION BY RUSSELL, J.

SC94951Gerald Geier and Stop Now!, Appellants, vs. Missouri Ethics Commission, et al., Respondents.

AFFIRMED. All concur.




MOTIONS FOR REHEARING

SC94435In re the Marriage of: John William McNeal, Appellant, vs. Sylvia Ruth McNeal-Sydnor, Respondent.

Appellant's motion for rehearing overruled.



SC94418In re: Eric Alexander Farris, Respondent.

Respondent's motion for rehearing overruled.



SC94462G. Steven Cox, Appellant, vs. Kansas City Chiefs Football Club, Inc., Respondent.

Respondent's motion for rehearing overruled.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC95165M.W., Respondent, vs. Municipal Court Division, Town and Country, Defendant, and Missouri State Highway Patrol Criminal Records Repository, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED101961, denied.



SC95183Matthew Hendrix, Respondent, vs. State of Missouri, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD77353, denied.



SC95266Byron S. Jones, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED101564, denied.



SC95277Missouri Public Entity Risk Management Funds (MOPERM), Respondent, vs. Scott Edwards, Defendant, S.M., K.W., C.A. f/k/a C.H., Jane Poe, K.S., and L.M., Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD78286, denied.



SC95245Michael Lee Swain, Appellant, vs. Missouri Department of Corrections, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD78283, denied.



SC95287State of Missouri, Respondent, vs. Sean Michael Moore, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED101949, denied.



SC95288Shanisha L. Saulsberry, Appellant, vs. U.S. Toy Company, Inc., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD77562, denied.



SC95291State of Missouri, Respondent, vs. Sandra G. Plunkett, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD77406, denied.



SC95294Jon Rischer, Greg Rischer, and Brad Rischer, Respondents, vs. Patricia Sue Helzer, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD78149, denied.



SC95295State of Missouri, Respondent, vs. Stephen James Morrison, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD77659, denied. Fischer, J., not participating.



SC95297James E. Eaker, Appellant, vs. Kansas City Power & Light Company, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD77851, denied.



SC95299Leslie Riggs, Appellant, vs. State of Missouri Department of Social Services, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD77363, denied.



SC95300State of Missouri, Respondent, vs. Willis Smith-Nunley, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED101632, denied.




SC95314State of Missouri, Respondent, vs. Rodney Sharp, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED101879, denied.




SC95315Clyde Woodall, Appellant, vs. Christian Hospital NE-NW, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED101777, denied.




SC95317Motormax Financial Services Corporation, Appellant, vs. Arnold Knight, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED102257, denied.




SC95319John Doe, Respondent, vs. Missouri State Highway Patrol Criminal Records Repository, Appellant, and City of University City, et al., Defendants.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED102092, denied.



SC95321State of Missouri, Respondent, vs. Walter L. Griffith, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED101622, denied.




SC95322State of Missouri, Respondent, vs. Rufus Little, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED101198, denied.




SC95326State of Missouri, Respondent, vs. Scott Marshall Davis, Jr., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED100795, denied.




SC95328State of Missouri, Respondent, vs. Ryan N. Evans, Appellant.

Appellant's corrected application for transfer from the Missouri Court of Appeals, No. SD32610, denied.




WRITS AND OTHER ORIGINAL PROCEEDINGS

SC95264State ex rel. Lisa Loesch, Relator, vs. The Honorable Dan Green, Respondent.

Petition for writ of prohibition denied.



SC95215State ex rel. Arvin J. Garrett, Petitioner, vs. Michael Bowersox, Respondent.

Petition for writ of habeas corpus denied.




SC95265State ex rel. BuzzFeed, Inc., Relator, vs. The Honorable Jon Cunningham, Respondent.

Petition for writ of prohibition denied.




SC95267State ex rel. Arthur T. Reed, Petitioner, vs. Terry Russell, Respondent.

Petition for writ of habeas corpus denied.

Petitioner's request for an evidentiary hearing overruled as moot.




SC95269State ex rel. Kimber Edwards, Petitioner, vs. Cindy Griffith, Superintendent, Potosi Correctional Center, Respondent.

Petition for writ of habeas corpus denied.

Petitioner's motion for stay of execution overruled.




SC94850In re: Ryan G. Wilson, Petitioner.

Petition for reinstatement after discipline denied.



SC95272State ex rel. Donald E. Isselhard, D.D.S., Relator, vs. The Honorable Colleen Dolan, Respondent.

Petition for writ of mandamus denied.




SC95289State ex rel. Charter Communications, Inc., Charter Communications, LLC, Charter Fiberlink - Missouri, LLC, and Charter Advanced Services (MO), LLC, Relators, vs. The Honorable Michael Jamison, Respondent.

Petition for writ of prohibition denied.




SC95286State ex rel. Christopher R. Schmitt, Petitioner, vs. Cindy Griffith, Respondent.

Petition for writ of habeas corpus denied.




SC95293State ex rel. Denise Outlaw-Adams and Properties West, L.C., Relators, vs. The Honorable Joseph L. Walsh III, Respondent.

Petition for writ of prohibition denied.




SC95296State ex rel. Susan Marple and Stephanie Worrell, Relators, vs. The Honorable Charles H. McKenzie, Respondent.

Petition for writ of mandamus denied.




SC94390In re: Joseph Jacob Esther, Petitioner.

Petition for reinstatement after discipline denied.




SC93667In re: David Joseph Riesenmy, Respondent.

Respondent's application for order of successful completion of probation denied without prejudice.




SC95311State ex rel. Ionex Communications, Inc. and Birch Telecom of Missouri, Inc., Relators, vs. The Honorable John D. Warner, Respondent.

Petition for writ of prohibition denied.




SC95323State ex rel. Missouri United School Insurance Council, Relator, vs. The Honorable David L. Dowd, Respondent.

Petition for writ of prohibition or mandamus denied.




SC95327State ex rel. The City of Rockaway Beach, Missouri, Relator, vs. The Honorable Laura J. Johnson, Respondent.

Petition for writ of prohibition and/or mandamus denied.



MOTIONS

SC95304Quantrell E. Cody, Movant, vs. State of Missouri, Respondent.

Movant's motion for leave to file notice of appeal out of time overruled.



SC84515State of Missouri, Respondent, vs. Deandra Mekel Buchanan, Appellant.

Appellant's motion to recall the mandate overruled.





The next regular conference of Court en Banc will be on December 22, 2015.


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