Supreme Court of Missouri
en banc

December 18, 2012

OPINION BY TEITELMAN, C.J.
SC92380	John Doe, Respondent, vs. Franklin County Sheriff Gary F. Toelke, Defendant, Col. Ron Replogle, Missouri State Highway Patrol, Appellant.
	AFFIRMED IN PART AND REVERSED IN PART. Russell, Breckenridge, Fischer, Stith and Draper, JJ., concur.

OPINION BY RUSSELL, J.
SC92442	In re the matter of T.Q.L., a Minor Child, M.M.A., Appellant, vs. L.L., Respondent, and Unknown Natural Father, Defendant.
	REVERSED AND REMANDED. Teitelman, C.J., Breckenridge, Fischer, Stith and Draper, JJ., concur.

OPINION BY FISCHER, J.
SC92553	Charles R. Garris, Appellant, vs. State of Missouri, Respondent.
	AFFIRMED. Teitelman, C.J., Russell, Breckenridge, Stith and Draper, JJ., concur.

PER CURIAM
SC92446	BASF Corporation, Appellant, vs. Director of Revenue, Respondent.
	AFFIRMED. Teitelman, C.J., Russell, Breckenridge, Fischer, Stith and Draper, JJ., and Neill, Sp.J., concur.

MOTIONS FOR REHEARING
SC92532	State of Missouri, Plaintiff, vs. Kirk Jackson, Defendant.
	Defendant's motion for rehearing overruled.

SC92230	State of Missouri, Appellant, vs. Grant L. Mixon, Respondent.
	Respondent's motion for rehearing overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC92789	Gordon H. Aubuchon, Respondent, vs. Kimberley H. Hale, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED97239, denied. Respondent's motion to supplement the record on review of application for transfer overruled.

SC92824	Assurance Company of America and DHP Systems, Inc., Respondents, vs. Secura Insurance Company, Appellant, and Missouri Valley Glass, Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96627, denied.

SC92838	Unifund CCR Partners, Appellant, vs. Patsy A. Kinnamon and Michael Francis Hawkins, Sr., Respondents.
	Respondent Michael F. Hawkins, Sr.'s application for transfer from the Missouri Court of Appeals, No. WD73547 consolidated with WD73548 and WD73769, denied.

SC92877	Alice M. Essary and Cletis P. Essary, Appellants, vs. Albert T. Dixon, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD31657, denied.

SC92883	The School District of Kansas City, Missouri, et al., Appellants-Respondents, vs. Missouri Board of Fund Commissioners, et al., Respondents-Appellants, Missouri Charter Public School Association, et al., Respondent-Appellant, Gordon Parks Elementary School, Respondent-Appellant.
	Appellants-Respondents' application for transfer from the Missouri Court of Appeals, No. WD74418 consolidated with WD74500 and WD74666, denied.

SC92891	Elliot Kaplan, et al., Appellants, vs. Gareth Johnson, M.D., et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD74369 (consolidated with WD74392), denied. Stith, J., not participating. Respondents' motion to strike Appellants' application for transfer overruled. Stith, J., not participating. Appellants' motion to substitute the "Amended Brief" filed in the court of appeals on June 11, 2012, in lieu of the amended brief filed on May 24, 2012, that was attached in error to their application for transfer overruled. Stith, J., not participating.

SC92897	Great Rivers Habitat Alliance, et al., Appellants, vs. City of St. Peters, et al., Respondents.
	Appellant Great Rivers Habitat Alliance's application for transfer from the Missouri Court of Appeals, No. WD74328 (consolidated with WD74330), denied. Appellant St. Charles County's motion for leave to file application for transfer out of time sustained. Appellant St. Charles County's motion to adopt the application for transfer filed by Great Rivers Habitat Alliance sustained. Appellant St. Charles County's application for transfer from the Missouri Court of Appeals, No. WD74328 (consolidated with WD74330), denied.

SC92900	Grand Teton Mountain Investments, LLC, Appellant/Cross-Respondent, vs. Beach Properties, LLC, and William F. Borders, Respondents/Cross-Appellants, and BDCS, Inc., Respondent.
	Respondents/Cross-Appellants' application for transfer from the Missouri Court of Appeals, Nos. SD31826 and SD31828, denied. Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, Nos. SD31826 and SD31828, denied.

SC92901	Richard R. Taylor, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74275, denied.

SC92906	State of Missouri ex rel. Chris Koster, Attorney General, Missouri Department of Agriculture, and Missouri State Milk Board, Respondents, vs. Morningland of the Ozarks, LLC, d/b/a Morningland Dairy, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31390, denied.

SC92909	State of Missouri, Respondent, vs. Christy Weatherford Cole, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31344, denied.

SC92918	State of Missouri, Respondent, vs. Fredrick A. Barnes, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED98636, denied.

SC92936	Brody Hays, et al., Appellants, vs. Francis M. "Pete" Royer, et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD74772, denied.

SC92941	In the Interest of: J.A.W., a child under seventeen years of age. Greene County Juvenile Office, Respondent, vs. M.Y.W., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31841, denied.

SC92942	Kevin C. McKinney, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED98344, denied.

SC92945	In the Interest of: J.A.W., a minor child under seventeen years of age. Greene County Juvenile Office, Respondent, vs. C.W., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31842, denied.

SC92947	State of Missouri, Respondent, vs. Alphonso Fagala, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97383, denied.

SC92949	State of Missouri, Appellant, vs. Heinz B. Horn, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED97341, denied.

SC92953	Frank Wilson, Appellant, vs. Home Depot, U.S.A., Inc., and Dave Foster, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97788, denied.

SC92959	Charles A. Gates, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74307, denied.

SC92961	Lincoln Smith, et al., Appellants-Respondents, vs. Brown & Williamson Tobacco Corporation, Respondent-Appellant.
	Respondent-Appellant's application for transfer from the Missouri Court of Appeals, No. WD71918 (consolidated with WD71919), sustained and cause ordered transferred. Stith, J., not participating.

SC92963	State of Missouri, Respondent, vs. Tausha Lee Morton born as Fields, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72876, denied.

SC92966	Philip A. Wilson, Appellant, vs. Missouri Local Government Employees Retirement System, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74084, denied.

SC92967	Paul T. Lehmann, Appellant, vs. Gunilla J. Murphy, D.D.S., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74796, denied.

SC92973	In re the adoption of C.M.B.R., Minor, S.M. and M.M., Respondents, vs. E.M.B.R., Appellant.
	Appellant's application for transfer prior to opinion from the Missouri Court of Appeals, No. SD32228, denied.

SC92933	Matthew Johnson, Appellant, vs. Division of Employment Security, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97386, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC92818	State ex rel. Christopher Groves, Petitioner, vs. James Hurley, Warden, Respondent.
	Petition for writ of habeas corpus denied.

SC92865	State ex rel. USA Tank Sales and Erection Company, Inc., Relator, vs. The Honorable Alan M. Blankenship, Respondent.
	Petition for writ of prohibition denied.

SC92882	State ex rel. Paul Emil Magnin, Relator, vs. The Honorable Alan Mark Blankenship, Respondent.
	Petition for writ of mandamus denied.

SC92908	State ex rel. Union Electric Company d/b/a Ameren UE and Ameren Missouri, Relators, vs. The Honorable Kristine Kerr, Respondent.
	Petition for writ of prohibition or mandamus denied.

SC92925	State ex rel. Charles Liston, Petitioner, vs. Larry Denney, Warden of Crossroads Correctional Center, Respondent.
	Petition for writ of habeas corpus denied.

SC92866	State ex rel. Paul O. Norfolk, Relator, vs. James Hurley, Respondent.
	Petition for writ of habeas corpus denied.

SC92934	State ex rel. Pfizer Inc., Relator, vs. The Honorable Bryan Hettenbach, Respondent.
	Petition for writ of prohibition denied.

SC92935	State ex rel. Christopher M. Santillan, Petitioner, vs. Circuit Court of St. Louis County, Respondent.
	Petition for writ of mandamus denied. Petitioner's motion for declaratory judgment overruled.

SC92937	State ex rel. Joseph Allen May, Relator, vs. The Honorable Daniel R. Green, Respondent.
	Petition for original remedial writ denied.

SC92938	State ex rel. Paul Allen Zerban, Relator, vs. The Honorable Steven H. Goldman, Respondent.
	Petition for writ of prohibition or, in the alternative, mandamus denied.

SC92875	State ex rel. Timothy O. White, Petitioner, vs. Kelly Morris, Respondent.
	Petition for writ of habeas corpus denied.

SC92873	State ex rel. Robert Hayner, Petitioner, vs. Jeff Norman, Warden, Respondent.
	Petition for writ of habeas corpus denied.

SC92880	State ex rel. Bobby Bostic, Relator, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied.

SC92957	State ex rel. Steven K. Schaefer, Relator, vs. The Honorable Thea Sherry, Respondent.
	Petition for writ of prohibition denied.

SC92903	State ex rel. Christopher Turner, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 91.02(a).

SC92950	State ex rel. S.D. Phillip Koenig, Relator, vs. Jeff Norman, Respondent.
	Petition for writ of habeas corpus denied. Relator's motion for appointment of counsel overruled. Relator's motion in limine overruled. Relator's motion for an order to produce overruled.

SC92974	State ex rel. Eric G. Zahnd, Platte County Prosecuting Attorney, Relator, vs. The Honorable Owens Lee Hull, Jr., Respondent.
	Petition for writ of prohibition denied.

SC91943	In re: Charles B. Kaiser III, Petitioner.
	Petition for reinstatement after discipline denied. Russell, J., not participating.

MOTIONS
SC92732	State of Missouri, Plaintiff, vs. Malcolm DeSean Redmon, Defendant.
	Defendant's motion for bond reduction pursuant to Rule 33.09 based on a violation of article 1, sections 10, 20 and 21 of the Missouri State Constitution and the eighth and fourteenth amendments to the United States Constitution overruled.

Day - to - Day,


____________________________________
Richard B. Teitelman,
Chief Justice

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