Supreme Court of Missouri
en banc

December 24, 2013

OPINION BY RUSSELL, C.J.
SC93074	State of Missouri, Respondent, vs. Jerry Ousley, Appellant.
	REVERSED AND REMANDED. Breckenridge, Fischer, Stith, Wilson and Teitelman, JJ., concur; Draper, J., dissents.

OPINION BY RUSSELL, C.J.
SC93366	Andrew Farish, Appellant, vs. Missouri Department of Corrections, Respondent.
	AFFIRMED. All concur.

OPINION BY FISCHER, J.
SC92382 and SC92491 and SC92786	State of Missouri, Respondent, vs. Michael Wade, Appellant. (Consolidated with) State of Missouri, Appellant, vs. Jason Reece Peterson, Respondent. (Consolidated with) State of Missouri, Appellant, vs. Edwin Carey, Respondent.
	REVERSED AND REMANDED AS TO SC92491 AND SC92786; AFFIRMED AS TO SC92382. Russell, C.J., and Breckenridge, J., concur; Wilson, J., concurs in separate opinion filed; Russell, C.J., and Breckenridge, J., concur in opinion of Wilson, J.; Draper, J., dissents in separate opinion filed; Stith and Teitelman, JJ., concur in opinion of Draper, J.

MOTIONS FOR REHEARING
SC93170	State of Missouri, Appellant, vs. Arthel Harris, Respondent.
	Respondent's motion for rehearing overruled. Respondent's request for stay overruled as moot.

SC92229	State of Missouri, Appellant, vs. Joey D. Honeycutt, Respondent.
	Opinion modified on Court's own motion.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC93680	State of Missouri, Respondent, vs. James Russell Williams, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD32270, denied.

SC93724	KCAF Investors, L.L.C., Sue Ann Burke, Logic II, L.L.C., Logic III, L.L.C., and Stretch/Jeffrey Rumaner, Appellants, vs. Kansas City Downtown Streetcar Transportation Development District, a Missouri Political Subdivision, Respondent.
	Appellants KCAF Investors, L.L.C., and Sue A. Burke's application for transfer from the Missouri Court of Appeals, No. WD76354, denied.

SC93746	First Bank, Respondent, vs. Lindenwood Care Corporation, Jamieson Realty, L.L.C., Trinity Capital Associates, L.L.C., S&C Investment Group, L.L.C., and Surendra Chaganti, M.D., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED99218, denied.

SC93748	Thomas DeBold, Appellant, vs. City of Ellisville, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED99944, sustained and cause ordered transferred.

SC93750	Julie Holzhausen, Appellant, and Dale Holzhausen, Plaintiff, vs. Bi-State Development Agency d/b/a Metro, and St. Louis Cardinals, L.L.C., Respondents, and David Mason & Associates, Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED98252, denied.

SC93751	Royal Financial Group, LLC, Respondent, vs. Terri Perkins, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED98991, denied.

SC93752	State of Missouri, Respondent, vs. Amanda Eisele, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED98688, denied.

SC93760	Mary Ellison, Arthur Fry, David Fry, and Susan Sleeper, Appellants/Cross-Respondents, vs. J.D. Fry, Deceased, by Linda Fry, Trustee of the John Delbert Fry Revocable Intervivos Trust, et al., Respondents/Cross-Appellants.
	Appellants/Cross-Respondents Mary Ellison and Arthur Fry's application for transfer from the Missouri Court of Appeals, No. SD32120 consolidated with SD32188, sustained and cause ordered transferred.

SC93766	Joseph Renda, Appellant, vs. Eastern Metal Supply of Missouri, Inc. and Division of Employment Security, Respondents.
	Respondent Division of Employment Security's application for transfer from the Missouri Court of Appeals, No. ED99205, denied.

SC93767	City of St. Ann, Respondent, vs. Lonnie Snelling, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED99305, denied. Draper, J., not participating.

SC93769	Shelby E. Watson, Appellant, vs. Wells Fargo Home Mortgage, Inc., et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED99253, sustained and cause ordered transferred.

SC93770	State of Missouri, Respondent, vs. Timothy E. Lovell, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD32176, denied.

SC93774	Federal National Mortgage Association (Fannie Mae), assignee of LaSalle Bank National Association and Trans Lending Corporation, Respondent, vs. Barbara J. Bostwick, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD75768, denied. Respondent's application for transfer from the Missouri Court of Appeals, No. WD75768, denied.

SC93776	State of Missouri, Respondent, vs. Eddie A. Salazar, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD32032, denied.

SC93779	Virginia Payne, Respondent, vs. Ashley L. Markeson, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD75771, denied.

SC93780	Stanley Brand, M.D., and Bradley L. Freilich, M.D., Appellants, vs. Kansas City Gastroenterology & Hepatology, LLC, Appellant, and Travelers Indemnity Company of America, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD75901 (consolidated with WD75902), denied.

SC93782	State of Missouri, Respondent, vs. Cornelius D. Moore, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75492, denied.

SC93783	Timothy Christianson, Respondent, vs. Thomas Borden, et al., Defendants, Ron Goucher d/b/a Goucher Trucking, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75791, denied.

SC93785	State of Missouri, Respondent, vs. Sylvester R. Sisco II, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72165, sustained and cause ordered transferred.

SC93787	Dominic V. Burton, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75494, denied.

SC93788	Susan H. Walton, Appellant, vs. City of Seneca, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD32205, denied.

SC93789	Joshua S. Morgan, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75224, denied.

SC93790	In re the Adoption of: C.M., a/k/a, C.J.M., a minor, S.M. and M.M., Respondents, vs. E.M.B.R., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD32228, denied.

SC93793	Kevin Behrman, Appellant, vs. Marcus Amer and Marcus Amer, d/b/a Jack's Auto Sales, Defendant, Donald Lee Poston and Consumers Insurance, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75457, denied.

SC93795	Virginia Payne, Respondent, vs. Ashley L. Markeson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75771, denied.

SC93802	Ellen Wallingsford, Appellant, vs. City of Maplewood, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED98975, denied.

SC93804	State of Missouri, Respondent, vs. Cornell Manley, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97949, denied.

SC93805	State of Missouri, Respondent, vs. Gregory Hilliard, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED98698, denied.

SC93808	Edward F. Tramble, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED99220, denied.

SC93809	State of Missouri, Respondent, vs. Antonio D. Sistrunk, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED98726, denied.

SC93810	Darwin Mountjoy, Respondent, vs. Harrison Tree Service, LLC, Defendant, and Colony Insurance Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED99162, denied.

SC93811	State of Missouri, Respondent, vs. Steven Douglas Eisenhour, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD32441, denied.

SC93819	State of Missouri, Respondent, vs. Ronda L. Shrout, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD32334, denied.

SC93820	State of Missouri, Respondent, vs. Jamie Bell, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD32124, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC93764	State ex rel. Robert D. Bethel, Relator, vs. The Honorable Wesley Clay Dalton, Respondent.
	Petition for writ of prohibition denied. Relator's objection and motion to strike Respondent's suggestions in opposition and Respondent's exhibit 1 overruled as moot.

SC93773	State ex rel. Timothy Dickerson, Petitioner, vs. Michael Bowersox, Superintendent, and Chris Koster, Missouri Attorney General, Respondents.
	Petition for writ of habeas corpus denied.

SC93717	State ex rel. David Simmons, Petitioner, vs. Terry Russell, Warden, and State of Missouri, et al., Respondents.
	Petition for writ of habeas corpus and/or this Court's order in mandamus for review denied. Petitioner's motion to accept original jurisdiction overruled.

SC93778	State ex rel. Rich Chrismer, Relator, vs. The Honorable T. Bennett Burkemper, Respondent.
	Petition for writ of prohibition denied.

SC93757	State ex rel. Larry E. Windeknecht, Petitioner, vs. Tom Villmer,Warden, et al., Respondents.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22.

SC93791	State ex rel. Missouri Department of Natural Resources, Relator, vs. The Honorable Jack Grate, Respondent.
	Petition for writ of prohibition denied.

SC93807	State ex rel. Leif Eric Johnson, Relator, vs. The Honorable J. Bartley Spear, Jr., Respondent.
	Petition for writ of prohibition or, in the alternative, mandamus denied.

SC93814	State ex rel. Kathleen Short, Relator, vs. The Honorable John Essner, Respondent.
	Petition for writ of mandamus or, in the alternative, prohibition denied.

SC93817	State ex rel. Dan Patterson, Greene County Prosecuting Attorney, Relator, vs. The Honorable Calvin Holden, Respondent.
	Petition for writ of mandamus and/or prohibition denied.

SC93818	State ex rel. Dan Patterson, Greene County Prosecuting Attorney, Relator, vs. The Honorable Calvin Holden, Respondent.
	Petition for writ of mandamus and/or prohibition denied.

SC93823	State ex rel. Tyrell Davidson, Relator, vs. The Honorable Thomas C. Clark, Respondent.
	Petition for writ of prohibition denied.

SC93794	State ex rel. Andre Williams, Sr., a/k/a DeAndre Darrough, Petitioner, vs. Ian Wallace, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled. Petitioner's request for evidentiary hearing overruled.

SC93824	State ex rel. Michael Eichhorn, et al., Relators, vs. The Honorable Rick Zerr, Respondent.
	Petition for writ of prohibition or, in the alternative, writ of mandamus denied.

MOTIONS
SC93591	Lawrence Mickey, Respondent, vs. BNSF Railway Company and Safeco Insurance Company of America, Appellants.
	Motion to waive pro hac vice fee for the United States Attorney's office overruled.

SC93768	Christopher L. Robinson, Petitioner, vs. State of Missouri and Butler County, Respondents.
	Petitioner's motion for review of bond conditions overruled.

SC93532	State ex rel. Morgan Keegan & Company, Inc., Relator, vs. The Honorable Patricia Joyce, Respondent.
	City of Moberly and Industrial Development Authority of the City of Moberly's motion to dismiss due to settlement sustained. City of Moberly and Industrial Development Authority of the City of Moberly's motion to stay briefing overruled as moot.

SC93798	Randee Higginbotham, Chris Higginbotham, and Barbara Allen, Respondents, vs. Penny Dianne Higginbotham (Allerton), Appellant.
	Appellant's motion for leave to file application for transfer out of time overruled.

SC93647	Wayne C. Johnson, Appellant, vs. State of Missouri, Respondent.
	Respondent's motion for dismissal sustained.

SC93821	Stanford D. Stucker, Defendant, vs. State of Missouri, Plaintiff.
	Defendant's motion to review conditions of bond overruled.

SC93652	State ex rel. Patrick J. O'Basuyi, Relator, vs. The Honorable David Lee Vincent III, Respondent.
	Respondent's motion to dismiss or, in the alternative, motion for more definite statement overruled.

SC93839	Christopher L. Robinson, Petitioner, vs. State of Missouri and Texas County, Respondents.
	Motion to review bond conditions overruled.

Day - to - Day,


____________________________________
Mary R. Russell
Chief Justice

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