Supreme Court of Missouri
en banc

February 22, 2000

OPINION BY WHITE, J.
SC81977	State of Missouri, Respondent, vs. Reuben Darnell Oates, Appellant.
	AFFIRMED. All concur.

OPINION BY HOLSTEIN, J.
SC81769	In Re: The Estate of Bennie James Williams, II, Lisa Williams-Payton, Appellant-Respondent, vs. Alyce M. Williams, Personal Representative of the Estate of Bennie James Williams, II, et al., Respondents-Appellants.
	AFFIRMED IN PART; REVERSED IN PART; REMANDED. All concur.

OPINION BY HOLSTEIN, J.
SC81975	State of Missouri, Respondent, vs. Scott Robert Beeler, Appellant.
	REVERSED. All concur.

OPINION BY BENTON, J.
SC81372	State of Missouri, Respondent, vs. Danny R. Wolfe, Appellant.
	AFFIRMED. Price, C.J., Limbaugh, Covington and Holstein, JJ., concur; Wolff, J., dissents in separate opinion filed; White, J., concurs in opinion of Wolff, J.

PER CURIAM
SC81847	State ex rel. River King, Inc., d/b/a Burger King, Inc., Relator, vs. The Honorable Michael B. Calvin, Respondent.
	WRIT QUASHED WITH DIRECTIONS. All concur.

PER CURIAM
SC82067	Michael B. Conway and Beverly Conway, Appellants, vs. Royalite Plastics, Ltd., Respondent, British Vita, PLC, and Spartech Corporation, Defendants.
	AFFIRMED. All concur.

MOTIONS FOR REHEARING
SC81620	Sherrie Ellen Barnett, Next Friend of Douglas Dustin DeMerritt, Tyler Dale DeMerritt, and Miriah Dawn DeMerritt, and as Assignee of Eddie Gravette, d/b/a Southwest Sanitation, Appellants, vs. United Fire & Casualty Company and Joyce Gravette, Respondents.
	Appellants' motion for rehearing overruled. Holstein, J., not participating.

SC82260	State of Missouri, Respondent, vs. Emmett R. McDonald, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD22742, denied.

SC82261	Eddie Clyde Harris, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD22874, denied.

SC82262	State of Missouri, Respondent, vs. Frank A. Pasteur, III, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD22615, denied.

SC82263	State of Missouri, Respondent, vs. Cornell White, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75054, denied.

SC82264	State of Missouri, Respondent, vs. Charles M. Hoelzer, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75322, denied.

SC82267	State of Missouri, Respondent, vs. Deshun Washington, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75176, denied.

SC82270	State of Missouri, Respondent, vs. Will Hodges Woods, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED74832, denied.

SC82271	State of Missouri, Respondent, vs. James Stewart, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75583, denied.

SC82276	Darrell Glen Jenkins, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD22813, denied.

SC82277	State of Missouri, Respondent, vs. Terry Dean Sensabaugh, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75404, denied.

SC82278	John Robinson, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75949, denied.

SC82283	State of Missouri, Respondent, vs. Jerome Roberts, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED74955, denied.

SC82284	Corey Love, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75781, denied.

SC82286	Diondra Barnes, Appellant, vs. State of Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED75007, denied.

SC82288	Rama K. Nemani, Respondent/Cross-Appellant, vs. St. Louis University, Appellant/Cross-Respondent.
	Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, Nos. ED75291 and ED75292, sustained and cause ordered transferred. Wolff, J., not participating.

SC82289	Chaille Anderson Lindo-Higginbotham, Respondent, vs. John Thomas Higginbotham, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED74717, denied.

SC82290	City of St. Peters, Missouri, Appellant, vs. John Hill, et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED74423, denied.

SC82291	Barbara Grus, Respondent, vs. City of St. Clair, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75335, sustained and cause ordered transferred.

SC82292	St. Louis County, Respondent, vs. Russell Schenewerk, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED74904, sustained and cause ordered transferred.

SC82293	State of Missouri, Respondent, vs. Antoine Hill, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED74953, sustained and cause ordered transferred. Cause ordered retransferred to the Missouri Court of Appeals, Eastern District, for reconsideration in light of State of Missouri vs. Scott Robert Beeler, No. SC81975 (decided February 22, 2000).

SC82294	State of Missouri, Respondent, vs. Harold Scott, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75006, denied.

SC82295	State of Missouri, Respondent, vs. Arizona Hall, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75185, denied.

SC82297	Anthony C. Miner, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75311, denied.

SC82231	In the Interest of T.R.C., M.A.C. and E.J.C., Minor Children G.C., Biological Father, and J.C., Biological Mother, Appellants, vs. Greene County Juvenile Office, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD22847, denied.

SC82298	Michael Swain, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. D75930, denied.

SC82300	State of Missouri, Respondent, vs. John Christopher Lizotte, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD22996, denied.

SC82303	State of Missouri, Respondent, vs. Robert D. Watts, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED74942, denied.

SC82302	Robert Joos, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD22762, denied. Holstein, J., not participating.

SC82305	Sonya Marie Hunt, Appellant, vs. Dr. Kenneth R. Smith, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75633, denied.

SC82313	Preston Smith, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75474, denied.

SC82314	State of Missouri, Respondent, vs. Joseph Kennedy, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD13949, denied.

SC82317	State of Missouri, Respondent, vs. James Fred Gerding, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED72531, denied.

SC82318	State of Missouri, Respondent, vs. James Bailey, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75445, denied.

SC82319	State of Missouri, ex rel. Casey's General Stores, Inc., an Iowa Corporation, et al., Respondents/Cross-Appellants, vs. City of West Plains, Missouri, et al., Appellants/Cross-Respondents.
	Respondents/Cross-Appellants' application for transfer from the Missouri Court of Appeals, Nos. SD22457 and SD22459, denied. Holstein, J., not participating.

SC82320	State of Missouri, Respondent, vs. Tony Gooden, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD53597, denied.

SC82321	Larry Kitchen, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75551, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC82236	State ex rel. Otis Wallace, Petitioner, vs. Mike Kemna, Respondent.
	Petition for writ of habeas corpus denied.

SC82211	State ex rel. Michael L. Summers, Petitioner, vs. Steven E. Moore, Superintendent, Western Missouri Correctional Center, Respondent.
	Petition for writ of habeas corpus denied.

SC82238	State ex rel. Deborah Clark, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled.

SC82301	State ex rel. Ronald D. Chandler, Petitioner, vs. Dr. Lauretta V. Walker, et al., Respondents.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 91.02(a). Petitioner's motion for appointment of counsel overruled. Petitioner's motion for temporary restraining order and preliminary injunction overruled.

SC81315	In re: Allen J. Lebovitz, Petitioner.
	Petition for reinstatement denied.

SC82310	State ex rel. Mark Evan Cline, Petitioner, vs. Cranston Mitchell, Chairman, Board of Probation and Parole, Respondent.
	Show cause order to issue returnable to Court en Banc in fifteen days.

SC82190	State ex rel. Daniel Quintin Cooper, Petitioner, vs. Mike Kemna, Respondent.
	Petition for writ of habeas corpus denied.

SC82191	State ex rel. Forrest B. Gray, Petitioner, vs. James A. Gammon, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 91.02(a).

SC82237	State ex rel. Nelson E. Hopkins, Sr., Petitioner, vs. Missouri Court of Appeals, Western District, and Jackson County Circuit Court, Respondents.
	Petition for writ of mandamus or in the alternative habeas corpus denied.

SC82316	State ex rel. Jennifer L. (Welch) Tracy, Relator, vs. The Honorable Joseph P. Dandurand, Judge, Circuit Court of Cass County, Missouri, Respondent.
	Petition for writ of prohibition sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC82266	State ex rel. Phillip Royal, Petitioner, vs. Dave Dormire, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22.

SC82326	State ex rel. Ollie Williams, Petitioner, vs. Gene Stubblefield, Superintendent, Eastern Missouri Correctional Center, Respondent.
	Show cause order to issue returnable to Court en Banc in fifteen days.

MOTIONS
SC77481	State of Missouri, Respondent, vs. Donald Joe Hall, Appellant.
	Appellant's motion to recall mandate or in the alternative for writ of habeas corpus overruled.

SC81941	State of Missouri, Respondent, vs. Andrew Cella, et al., Appellants.
	Appellants' motion in nature of a petition/request for ruling overruled. Covington, J., not participating.

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