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Minutes of April 3, 2012


Supreme Court of Missouri
en banc

April 3, 2012

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OPINION BY TEITELMAN, C.J.

SC91898Robert L. Bateman, et al., Respondents, James K. Owens, et al., Appellants, vs. Platte County, Missouri, Respondent.

AFFIRMED. All concur.






OPINION BY PRICE, J.

SC91492Ronald Sanders, Appellant/Cross-Respondent, vs. Iftekhar Ahmed, M.D., Respondent/Cross-Appellant, and Iftekhar Ahmed, P.A., Respondent/Cross-Appellant.

AFFIRMED IN PART; REVERSED IN PART; REMANDED. Russell, Breckenridge, Fischer and Stith, JJ., concur; Draper, J., dissents in separate opinion filed; Teitelman, C.J., concurs in opinion of Draper, J.






APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC92004Sean William Brantley, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD30868, sustained and cause ordered transferred. Cause ordered retransferred to the Missouri Court of Appeals, Southern District, for reconsideration in light of Missouri v. Frye, 566 U.S. ___, WL932020 (2012).



SC92059Gary Lee Gooch, Respondent, vs. State of Missouri, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD31030, denied.



SC92239Brooke Drywall of Columbia, Inc., Respondent, vs. Building Construction Enterprises, Inc., et al., Appellants.

Appellant Hartford Fire Insurance Company's application for transfer from the Missouri Court of Appeals, No. WD73355, denied.



SC92250Rollan Williams, Appellant, vs. State of Missouri, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED95386, sustained and cause ordered transferred. Draper, J., not participating.



SC92257State of Missouri, Respondent, vs. Larry W. Wright, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD30872, sustained and cause ordered transferred.


SC92295Heidi Katherine Wood, Respondent, vs. Michael Stephen Wood, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED96218, denied. Draper, J., not participating.



SC92318In the Matter of the Care and Treatment of Javier Calleja.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED96158, denied. Draper, J., not participating.



SC92319Gary Hall, et al., Appellants, vs. Larry Jackson, et al., Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED96631, denied. Draper, J., not participating.



SC92321Gasconade County Counseling Services, Inc., Respondent, vs. Missouri Department of Mental Health, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED95457, denied. Draper, J., not participating.



SC92325Kevin Cooper, Appellant, vs. Chrysler Group, LLC, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED96549, denied. Russell and Draper, JJ., not participating.



SC92328VC Group Corporation, Individually and On Behalf of Others Similarly Situated, Appellant, vs. HMA South County, L.L.C., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED96827, denied. Draper, J., not participating.



SC92329Danny L. Pyatt, Appellant, vs. Director of Revenue, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED96222, denied. Draper, J., not participating.



SC92330Anna Grant, Appellant, vs. Director of Revenue, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED96309, denied. Draper, J., not participating.



SC92333Andre R. Kirk, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD31123, denied.



SC92340Clayton Wood, Samuel Wood, and Christine Wood, Appellants, vs. Farmers Insurance Company, Inc., and Mid-Century Insurance Company, Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED96962, denied. Draper, J., not participating.



SC92341Pamela J. Foster and William D. Foster, d/b/a E'Lad Enterprises, Appellants, vs. Division of Employment Security, Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD73826, denied.



SC92342State of Missouri, Respondent, vs. Robert Smith, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED95737, denied. Draper, J., not participating.



SC92343P.L.S., a Minor Child by and through Donna Shelton, her Mother and Next Friend, Appellant, vs. Chris Koster, Attorney General of the State of Missouri; and Kelvin L. Simmons, Commission of Administration, State of Missouri, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD73275, denied.



SC92346James E. Swoboda, Appellant, vs. Kathleen Swoboda, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED96964, denied. Draper, J., not participating.



SC92348David Harlan, Respondent, vs. APAC-Missouri, Inc., Appellant, Missouri Department of Highway and Transportation, Defendant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD73637, denied.



SC92349Thomas Abbott, Personal Representative of the Estate of Charles Abbott, Appellant, vs. Epic Landscape Productions, L.C., et al., Respondents.

Respondent Epic Landscape Productions, L.C.'s application for transfer from the Missouri Court of Appeals, No. WD72867, denied.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD72867, denied.


SC92352Sentry Insurance, Respondent, vs. David Knox, et al., Appellants.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD73939, denied.


SC92354Ricky D. Wilson, Jr., Appellant, vs. Ricky Wilson, Jr., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD73742, denied.


SC92355J.P. and H.P., by J.P., his Attorney in Fact, D.S. and R.S., by D.S., his Attorney in Fact, V.P. and G.P., by V.P., her Atttorney in Fact, S.M. and V.M., by S.M., her Attorney in Fact, Respondents, vs. Missouri State Family Support Division and its Director Janel Luck, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD73768, denied.



SC92357Charles A. Harter, Appellant, vs. Missouri Public Service Commission, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD73913, denied.



SC92358State of Missouri, Respondent, vs. Roger Lee Thompson, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD72164, denied.



SC92359Roofing Supply Group-Kansas City, L.L.C., Respondent, vs. Francisco Silva, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD72939, denied.



SC92360State of Missouri, Respondent, vs. James Leroy Beeson, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD72887, denied.



SC92361Daniel R. Mapes, Respondent, vs. Director of Revenue, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD73303, denied.



SC92362Kevin Martin, D.O., Natural Guardian and Conservator for Blake Martin, Respondent, vs. August A. Busch, IV, Respondent, vs. Larry Eby and Christine Trampler, Appellants.

Respondent August A. Busch, IV's application for transfer from the Missouri Court of Appeals, No. ED96814, denied. Draper, J., not participating.



SC92363Alan R. Clark, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD73106, denied.



SC92369State of Missouri, Respondent, vs. Terry Wayne Ruff, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD31167, denied.



SC92376Byron Glenn, M.D., and Cape Urgent Care, Inc., Appellants, vs. HealthLink HMO, Inc., HealthLink, Inc., Anthem Blue Cross and Blue Shield, and WellPoint, Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED96233, denied. Draper, J., not participating.



SC92377State of Missouri, Respondent, vs. Rodney L. Foster, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED95394, denied. Draper, J., not participating.



SC92378Michelle McIlvaine, Appellant, vs. Paramount Bond & Mortgage Co., Inc. d/b/a Paramount Mortgage Company, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED96629, denied. Draper, J., not participating.



SC92389Craig D. Casady and Linda C. Casady, Respondents, vs. David J. Fehring and Julia Fehring, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. SD31252, denied.



SC92392Carl Dowell, Appellant, vs. Dennis Hall and Carol Hall, Respondents.

Appellant's amended application for transfer from the Missouri Court of Appeals, No. SD31130, denied.



SC92394Shawn Claspill, Appellant, vs. Fed Ex Freight East, Inc., Respondent, and Treasurer of the State of Missouri as Custodian of the Second Injury Fund, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD31346, denied.



SC92395In the Interest of: J.A.W., Minor.
J.M.J., Mother, Appellant, vs. Greene County Juvenile Office, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD31409, denied.



SC92396In the Interest of: I.R.S., B.S., and C.T.S.
G.K.S., Jr., Appellant, vs. Greene County Juvenile Office, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD31225, SD31226, and SD31227 (consolidated), denied.



SC92397In the Interest of: I.R.S., B.S., and C.T.S.
J.L.T., Appellant, vs. Greene County Juvenile Office, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD31312, SD31313, and SD31314 (consolidated), denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS

SC92324State ex rel. Aaron LaRose, Relator, vs. The Honorable Nancy Schneider, Respondent.

Petition for writ of mandamus denied.



SC92332State ex rel. State Auto Property and Casualty Insurance Company, Relator, vs. The Honorable James F. Kanatzar, Respondent.

Petition for writ of prohibition denied.



SC92334State ex rel. William Billy Gene Carter, Petitioner, vs. Martha Martin, Respondent.

Petition for writ of habeas corpus denied. Draper, J., not participating.

Petitioner's motion for appointment of counsel overruled. Draper, J., not participating.



SC92335State ex rel. Eldon K. Bugg and Wanda F. Bugg, Relators, vs. The Honorable Deborah Daniels, Respondent.

Petition for writ of mandamus denied.



SC92267State ex rel. Salih Makic, Petitioner, vs. Terry Russell, Warden, Respondent.

Petition for writ of habeas corpus denied. Draper, J., not participating.



SC92294State ex rel. Jeremy King, Petitioner, vs. Troy Steele, Respondent.

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



SC92339State ex rel. Rick Woolsey, Petitioner, vs. State of Missouri, Dave Dormire, Warden, and Chris Koster, Attorney General, Respondents.

Petition for writ of habeas corpus denied.



SC92272State ex rel. Freddie L. Abney, Jr., Petitioner, vs. Terry Russell, Respondent.

Petition for writ of habeas corpus denied.



SC92365State ex rel. Melvin Leroy Tyler, Relator, vs. Missouri Court of Appeals Western District of Missouri, as it Relates to Cases, State of Missouri v. Melvin Leroy Tyler, WD73322; State of Missouri v. Melvin Leroy Tyler, WD72717; Jayne Wood, Assistant Attorney General, Respondents.

Petition for writ of mandamus with request for appointment of counsel and appointment of master denied.



SC92371State ex rel. Lori A. Lawrenz, Relator, vs. The Honorable Daniel W. Imhof, Respondent.

Petition for writ of prohibition denied.



SC92372State ex rel. Devotion E. Baker, Petitioner, vs. The Honorable Charles H. McKenzie, Respondent.

Petition for writ of habeas corpus denied.



SC92387State ex rel. Raphael Clark, Relator, vs. Missouri Court of Appeals, Eastern District, Respondent.

Petition for writ of mandamus denied. Draper, J., not participating.



SC92322State ex rel. Roy E. Harris, Relator, vs. State of Missouri, Respondent.

Petition for writ of certiorari denied.



SC92385State ex rel. Broderick K. Hawkins, Petitioner, vs. Dave Dormire and Chris Koster, Respondents.

Petition for writ of habeas corpus denied.

Petitioner's motion for appointment of counsel overruled as moot.



MOTIONS
SC92186In re: Stanley L. Wiles, Petitioner.

Informant's motion to dismiss petition for reinstatement application sustained.





The next regular conference of Court en Banc will be on May 1, 2012.









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