Supreme Court of Missouri
en banc

June 24, 2008

OPINION BY STITH, C.J.
SC88899	State of Missouri, Respondent, vs. James Wilson, Appellant.
	AFFIRMED. All concur.

OPINION BY STITH, C.J.
SC88922	State of Missouri, Respondent, vs. Philip Ray Couch, Appellant.
	AFFIRMED. All concur.

OPINION BY PRICE, J.
SC88936	State of Missouri, Respondent, vs. Huntley Ruff, Appellant.
	REVERSED AND REMANDED. All concur.

OPINION BY LIMBAUGH, J.
SC88573	State ex rel. Union Electric Company, d/b/a Ameren UE, Relator, vs. The Honorable David A. Dolan, Respondent.
	WRIT MADE ABSOLUTE AS MODIFIED. All concur.

OPINION BY LIMBAUGH, J.
SC88783	Missouri State Medical Association, et al., Respondents, vs. State of Missouri and Missouri Midwives Association, et al., Appellants.
	REVERSED. Stith, C.J., Teitelman, Russell and Wolff, JJ., concur; Price, J., dissents in separate opinion filed; Breckenridge, J., concurs in opinion of Price, J.

OPINION BY LIMBAUGH, J.
SC89037	State Board of Accountancy, Appellant, vs. Integrated Financial Solutions, L.L.C., Respondent.
	REVERSED. All concur.

OPINION BY BRECKENRIDGE, J.
SC89016	In the Estate of Barbara Shaw, Deceased. Stephen Earl Bennett, Respondent.
	REMANDED WITH DIRECTIONS. All concur.

MOTIONS FOR REHEARING
SC88784	Michael A. Taylor, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for rehearing overruled. Limbaugh, J., not participating.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC89138	In re the Marriage of: Karen R. Kroeger-Eberhart, Appellant, vs. Herbert Eberhart, III, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED88716, denied.

SC89173	Gerald Elam, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD67298, denied.

SC89193	Cheri Bruce and Robert Bruce, Appellants, vs. City of Sunset Hills, Missouri, John Spicer, and Richard Westrich, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED89500, denied.

SC89270	State of Missouri, Respondent, vs. Tony K. Vann, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD20959, denied. Appellant's motion for appointment of counsel overruled as moot. Appellant's second motion for appointment of counsel overruled as moot.

SC89231	State of Missouri ex rel. Jeremiah W. Nixon, Attorney General, State of Missouri, Respondent, vs. Paul Clark, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD68172, denied.

SC89287	Emmett Mitchell, Appellant, vs. County of St. Louis Civil Service Commission, Kathy Gibala, Mitch Margo, and Nadine V. Nunn, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED89391, denied.

SC89290	State of Missouri, Respondent, vs. David Wade, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED89662, denied.

SC89291	Dale Lawrence, Respondent, vs. Beverly Manor, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD67920, sustained and cause ordered transferred.

SC89292	Ricky E. Ray, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED89332, denied.

SC89293	In the Matter of Caitlin Emily Davis, Caitlin Emily Davis, Respondent, vs. Willo Dean Davis, Appellant, and The Bar Plan Surety and Fidelity Company, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD28336, denied.

SC89296	State of Missouri, Respondent, vs. Melvin E. Anderson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD67528, denied. Breckenridge, J., not participating.

SC89297	James P. Rues, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD67610, denied.

SC89298	Shawn M. Rauch, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD68226, denied.

SC89299	In the Interest of: A.L.G., through her next friend and natural father, T.L.R., and T.L.R., individually, Respondent, vs. T.D.S., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD67647, denied.

SC89300	Frederick Yole, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD67342, denied.

SC89301	Alvin Griffith, Appellant, vs. Brother Dominic and Assumption Abbey, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. SD28617, denied.

SC89302	Gina Fiordelisi, Appellant, vs. Mt. Pleasant, LLC, and Bart Perry, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED89627, denied.

SC89303	Timothy Bauer, Appellant, vs. Miller County Ambulance Service, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD67466, denied.

SC89305	Thomas Ehler, Respondent, vs. Missouri State Highway Patrol, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD68321, denied.

SC89306	Gary Ahern, Appellant, vs. P & H, LLC, and American Family Mutual Insurance Company, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED90341, denied.

SC89308	City of Peculiar, Missouri, Respondent, vs. Effertz Bros, Inc., et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD67554, denied. Breckenridge, J., not participating.

SC89309	Cornelle D. Williams, Appellant, vs. State of Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD67306, denied.

SC89310	Jason Lee Norman, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD67960, denied.

SC89311	John Couts, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD67651, denied.

SC89312	Ernest Schell, et al., Respondents, vs. Richard Rollins, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED89756, denied.

SC89313	Kimberly Black, Respondent, vs. Robert E. Fast, M.D., et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD67377, denied. Breckenridge, J., not participating.

SC89314	Glick Finley, LLC, and Karen Finley, Appellants, vs. Thomas G. Glick, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED89696, denied.

SC89315	Doris Kesler-Ferguson and Boyd Ferguson, Respondents, vs. Hy-Vee, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD67361, sustained and cause ordered transferred. Breckenridge, J., not participating.

SC89316	Deanna L. Denny, Appellant, vs. Heleena D. Duran, et al., Defendants, and American Family Mutual Insurance Company, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD68094, denied.

SC89317	Alvin Dudley, Appellant, vs. State of Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD68759, denied.

SC89318	Kenneth Sundermeyer, Individually and as Personal Representative for Elva Elizabeth Sundermeyer, Deceased, Appellant, vs. SSM Regional Health Services d/b/a Villa Marie Skilled Nursing Facility, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD67235, sustained and cause ordered transferred. Breckenridge, J., not participating.

SC89319	State of Missouri, Respondent, vs. Bryan McDaniel, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED89538, denied.

SC89320	Jeanne E. Mancuso, Appellant, vs. Long Beach Acceptance Corporation, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD68110, denied.

SC89321	Gary Buescher, Deceased; Patricia Buescher, Appellant, vs. Missouri Highway and Transportation Commission, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD67949, denied.

SC89322	State of Missouri, Respondent, vs. Robert Latall, Jr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD67860, sustained and cause ordered transferred.

SC89326	State of Missouri, Respondent, vs. Steven Ray Bybee, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD67154, denied.

SC89264	State of Missouri ex rel. Jeremiah W. (Jay) Nixon, Attorney General, State of Missouri, Appellant, vs. Zachary Smith, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD68476, denied.

SC89329	Celtic Corporation, Respondent, vs. Carol Tinnea, Personal Representative of the Estate of Norma Bond, Deceased, C. Stephen Bond, Albert L. Bond, and Carol Bond Tinnea, Appellants, Robert Hepp, Third-Party Defendant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED89925, denied.

SC89330	Charles Dennis Hale, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD28432, denied.

SC89334	Neal Owen Mitchell, Respondent, vs. Director of Revenue, State of Missouri, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD28193, denied.

SC89338	The Bar Plan Mutual Insurance Company, Respondent, vs. Susman Schermer Rimmel & Shifrin, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED89094, denied.

SC89340	Jessica M. Oakes, Respondent, vs. Missouri Department of Mental Health, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED89817, denied.

SC89346	Jackie Lingerfelt, Appellant, vs. Elite Logistics, Inc., and Treasurer of State of Missouri as Custodian of Second Injury Fund, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD28506, denied.

SC89349	Linda Conway, et al., Appellants, vs. St. Louis County, Missouri, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED90326, denied.

SC89351	State of Missouri, Respondent, vs. Dennis A. Irby, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87385, denied.

SC89352	Louis Phillip Grasse, Appellant, vs. Pamela J. Grasse n/k/a Pamela J. Schindeler, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED89264, denied.

SC89353	Laura Fugate, Appellant, vs. Michael Fugate, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED89702, denied.

SC89354	John Dean Warner, III, Respondent, vs. Sgt. James Wurm, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED89878, denied.

SC89359	Laura L. Roberson, Respondent, vs. Linda D. Coker Weston, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD28558, denied.

SC89361	James Huch and Ryan Carstens, Appellants, vs. Charter Communications, Inc., Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED89926, sustained and cause ordered transferred.

SC89365	Ora Lindsey, Appellant, vs. University of Missouri, Defendant, Division of Employment Security, Respondent.
	Respondent Division of Employment Security's application for transfer from the Missouri Court of Appeals, No. WD68522, denied.

SC89369	Jeffrey Biener, et al., Appellants, vs. Tom Cardin, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD27488, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC89066	State ex rel. James Morgan, Petitioner, vs. The Honorable Philip Heagney, Respondent.
	Petition for writ of habeas corpus denied.

SC89241	State ex rel. Four Seasons Lakesites, et al., Relators, vs. The Honorable Theodore B. Scott, Respondent.
	Petition for writ of prohibition denied.

SC89273	State ex rel. Bryan James Ellis, Relator, vs. The Honorable Stephen R. Sharp, Respondent.
	Petition for writ of mandamus denied.

SC89267	State ex rel. Ray T. Slack, Sr., Petitioner, vs. Missouri Board of Probation and Parole, Steven Long, Chairman, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled as moot.

SC89272	State ex rel. Eugene Kenneth Jones-El, Petitioner, vs. Pat Smith, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled as moot.

SC89289	State ex rel. Praxair Inc., Sedalia Industrial Energy Users' Association and Ag Processing Inc., a cooperative, Relators, vs. Public Service Commission of the State of Missouri, a state agency, et al., Respondents.
	Petition for writ of mandamus and writ of prohibition denied. Price, J., not participating. Relators' motion for expedited treatment overruled as moot. Price, J., not participating.

SC89333	State ex rel. Rigazzi's, Inc., Relator, vs. The Honorable Steven R. Ohmer, Respondent.
	Petition for writ of prohibition denied.

SC89345	State ex rel. William Seltzer, Petitioner, vs. Gene Stubblefield, Respondent.
	Petition for writ of habeas corpus denied.

SC89278	Fred Ray, Jr., Petitioner, vs. Dean Minor, Warden, Respondent.
	Petition for writ of habeas corpus denied.

SC89304	State ex rel. John R. Jones, Petitioner, vs. Steve Larkin, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC89348	State ex rel. Lane M. Vogt, Petitioner, vs. Jim Moore, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC89307	State ex rel. Maurice Green, Relator, vs. Bill Burgess, Superintendent, Respondent.
	Petition for writ of habeas corpus denied. Relator's motion for appointment of counsel overruled as moot.

SC89363	State ex rel. Michael West, Relator, vs. The Honorable Terry R. Cundiff, Respondent.
	Petition for writ of habeas corpus, or in the alternative, Rule 33.09 motion denied.

SC89366	State ex rel. Rodger James, Petitioner, vs. The Honorable Jody Asel, et al., Respondents.
	Petition for writ of mandamus denied.

MOTIONS
SC78864	State of Missouri, Respondent, vs. Dennis J. Skillicorn, Appellant.
	Appellant's motion to recall the mandate overruled.

SC62464	State of Missouri, Respondent, vs. Mitchell Allen Jensen, Appellant.
	Appellant's motion to recall the mandate overruled.

SC77439	State of Missouri, Respondent, vs. Willie Simmons, Appellant.
	Appellant's motion to recall the mandate overruled.

SC89335	Melvin Leroy Tyler, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for leave to file notice of appeal out of time and motion for appointment of counsel overruled without prejudice to filing in the Missouri Court of Appeals, Eastern District.

SC80052	State of Missouri, Respondent, vs. Russell E. Bucklew, Appellant.
	Appellant's motion to reconsider order granting motion to set execution date during pendency of Clemons, et al., vs. Crawford, et al., overruled.

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