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Minutes of February 28, 2006

Supreme Court of Missouri
en banc

February 28, 2006

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OPINION BY WOLFF, C.J.
SC87022Gene R. Kunzie, Appellant, vs. City of Olivette, Respondent.
REVERSED AND REMANDED. All concur.

PER CURIAM
SC86768Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., et al., Appellants, vs. Jeremiah W. Nixon, et al., Respondents.
AFFIRMED. All concur.

PER CURIAM
SC87440State ex rel. Jeremiah W. (Jay) Nixon, Relator, vs. The Honorable Jay Daugherty, Respondent.
PRELIMINARY WRIT MADE ABSOLUTE. All concur.



MOTIONS FOR REHEARING
SC86518State of Missouri, Respondent, vs. Earl M. Forrest, Appellant.
Appellant's motion for rehearing overruled. Execution set for June 2, 2006.

SC86534Michael Tisius, Appellant, vs. State of Missouri, Respondent.
Appellant's motion for rehearing overruled.


APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC87297State of Missouri ex rel. Nick Fortner, et al., Relators, vs. Honorable Dennis A. Rolf, Judge of the Circuit Court of Lafayette County, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD64974, denied.
SC87302STOPAQUILA.ORG, et al., Appellants, vs. City of Peculiar, Missouri, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD65000, sustained and cause ordered transferred.

SC87304State of Missouri, Respondent, vs. Marc D. Lazar, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED86266, denied.

SC87324State of Missouri ex rel. James Griffin, Appellant, vs. R.L. Persons Construction, Inc., et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD26562, sustained and cause ordered transferred.

SC87390Robert Kaplan, et al., Respondents, vs. U.S. Bank, N.A., Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED85640, sustained and cause ordered transferred. Russell, J., not participating.

SC87394Anne T. Lanagan, Apppellant, vs. Linda Marie Rorke, Individually and as Trustee of the Daniel Arthur Rorke, Jr., Trust, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD26736, denied.


SC87415In the Matter of the Care and Treatment of Albert Bernat, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED83299-01, sustained and cause ordered transferred.

SC87417James D. Cornelius, et al., Respondents, vs. John W. Lieber, Jr., et al., Appellants.
Appellants' application for transfer from the Missouri Court of Appeals, No. ED85356, denied.

SC87418Albert J. Stone and Tammy Stone, in their capacity as assignees of Arlene M. Bateman, Appellants/Cross-Respondents, vs. Farm Bureau Town & Country Insurance Company of Missouri, a Missouri Corporation, Respondent/Cross-Appellant.
Appellants/Cross-Respondents' application for transfer from the Missouri Court of Appeals, No. SD26965 & SD26979, sustained and cause ordered transferred.

SC87425Ida Mae Rodgers-Ward and Daniel Harper, Appellants, vs. American Standard Insurance Company of Wisconsin, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED86221, denied.
SC87426Glen Garrett, Appellant, vs. UMB Bank, N.A., Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED86065, denied.
SC87427Claude D. Risher and Brenda Faye Risher, Appellants, vs. Thomas Golden, Respondent.
Appellants' application for transfer from the Missouri Court of Appeals, No. ED85758, denied.
SC87432Keith Weber, Appellant, vs. McBride & Son Contracting Co. and Laramie Drywall Co., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED86076, denied.
SC87439Susan H. Mello, Respondent/Cross-Appellant, vs. Anita Davis, Appellant/Cross-Respondent, and McDonnell Douglas, Defendant.
Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, No. ED84795 and ED84856, denied.
SC87443Toni R. Flood, by and through her next friend Jeanine Oakley, and Jeanine Oakley, individually, Respondents, vs. Richard N. Holzwarth and Shepherd, Inc., Appellants.
Appellants' application for transfer from the Missouri Court of Appeals, No. SD26307, denied.
SC87444Brenda Otey, Respondent, vs. Verizon, Appellant, vs. American Home Assurance Co., Appellant.
Appellants application for transfer from the Missouri Court of Appeals, No. ED86320, denied.
SC87446Richard G. Ramsey, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED85216, denied.
SC87447Timothy Guerra, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD64635, denied.

Appellant's motion for appointment of counsel overruled.


Appellant's declaration and request for TRO and injunction overruled.
SC87451Richard and Elizabeth Zempel, Respondents, vs. R.J. Slater, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED85109, denied.
SC87452State of Missouri ex rel. David L. Otte, Appellant, vs. Missouri State Treasurer as Custodian of the Second Injury Fund, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED86210, denied.
SC87453Lamonte R. Young, Sr., Appellant, vs. American Airlines, Inc., Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED85898, denied.
SC87459Dean A. Lusardi, M.D. and Donna Lusardi, Respondents, vs. Kensington Building Corporation, Appellant.
Respondents' application for transfer from the Missouri Court of Appeals, No. ED85063, denied.
SC87460Geraldine Lockhart, et al., Respondents, vs. Kenneth G. Middleton, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD65154, denied.
SC87463In the Matter of the Care and Treatment of Andre Cokes, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD64455, denied.
SC87466State of Missouri, Respondent, vs. Kevin A. Johnson, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED85588, denied.
SC87467Pamela Konkel, Appellant, vs. T-Bird, Inc. and S.W.L. Enterprises, L.L.C., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED85873, denied.
SC87468Richard Jone, et al., Appellants, vs. Coleman Corporation, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED85710, denied.
SC87469Anand Bhakta, Respondent, vs. Director of Revenue, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED85608, denied.
SC87470State of Missouri, Respondent, vs. Calvin Horton, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED85388, denied.
SC87475Stearns Bank N.A., Respondent, vs. Noel S. Palmer, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED85261, denied.
SC87476Natalie Rector, Appellant, vs. Cheryl Kelly and Division of Employment Security, Respondents.
Respondent Division of Employment Security's application for transfer from the Missouri Court of Appeals, No. WD64963, denied.
SC87481Reva Elaine Francis, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD63589, denied.
SC87486Mark Davidson, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD64562, denied.
SC87487Betty Higgins, Respondent, vs. The Quaker Oats Company, Appellant, and Treasurer of Missouri, as Custodian of the Second Injury Fund, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD64978, denied.
SC87488State of Missouri, Respondent, vs. Stacy R. Todd, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD65090, denied.
SC87489Jared D. Meyer, Respondent, vs. Orlyn Lockard, Jr., M.D., et al., Appellants.
Appellants' application for transfer from the Missouri Court of Appeals, No. WD64761, denied.
SC87490William C. Salmon, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD63616, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC87314State ex rel. Fulton 58 Public School District, Relator, vs. The Honorable Gary Oxenhandler, Respondent.
Petition for writ of prohibition denied.
SC87273State ex rel. Edwin Jackson, Relator, vs. The Honorable Thomas Brown, III,
et al., Respondents.
Petition for writ of mandamus denied.
SC87407State ex rel. BP Corporation North America Inc. and BP Products North America Inc., Relators, vs. The Honorable Marco A. Roldan, Respondent.
Petition for writ of prohibition denied.
SC87413State ex rel. Edwardo Brandon, Relator, vs. State of Missouri and Jennifer Joyce, Circuit Attorney, Respondents.
Petition for writ of habeas corpus denied.
SC87357State ex rel. Ricky Mitchell, Relator, vs. The Honorable Mark D. Seigel, Respondent.
Petition for writ of mandamus denied.
SC87356State ex rel. William Capers, Petitioner, vs. Jim Moore, Respondent.
Petition for writ of habeas corpus denied.
SC87431State ex rel. Cheryl Tedder, Relator, vs. The Honorable Edith L. Messina and The Honorable James Anderton, Respondents.
Petition for writ of prohibition and mandamus denied.
SC87433State ex rel. Samuel Benton Cole, III, Petitioner, vs. Larry Denny, Acting Superintendent, Respondent.
Petition for writ of habeas corpus denied.
SC87438State ex rel. Roger E. Taylor, Petitioner, vs. Larry Denney, Respondent.
Petition for writ of habeas corpus denied.
SC87456State ex rel. VCG Holding Corp. and IRC L.P., Relators, vs. The Honorable Steven Ohmer, Respondent.
Petition for writ of prohibition denied.
SC87457State ex rel. Michael James Chapey, Petitioner, vs. Al Luebbers, Respondent.
Petition for writ of habeas corpus denied.
SC87422State ex rel. Eric M. Massey, Petitioner, vs. The Honorable Daniel F. Kellogg, Respondent.
Petition for writ of mandamus denied.
SC87462State ex rel. Janet Candela, Petitioner, vs. Jennifer Miller, Respondent.
Petition for writ of habeas corpus denied.
SC87464State ex rel. Anthony Miner, Petitioner, vs. 22nd Judicial Circuit Court Clerk and Chuck Dwyer, Respondents.
Petition for remedial writ denied.
SC87420State ex rel. William O. Gully, Petitioner, vs. Steven Moore, Superintendent, Respondent.
Petition for writ of habeas corpus denied.
SC87429State ex rel. Richard Owen Low, Relator, vs. The Honorable Ted House and Rebecca Shaffar, Prosecutor, Respondents.
Petition for writ of prohibition denied.
SC87491State ex rel. Ford Motor Company, Relator, vs. The Honorable Michael Manners, Respondent.
Petition for writ of prohibition denied. Russell, J., not participating.

Relator's motion for leave to produce documents for in-camera review sustained. Suspension Order No. 884321, filed under seal and inspected. Russell, J., not participating.

MOTIONS
SC63320State of Missouri, Respondent, vs. Anthony Morris, Appellant.
Appellant's motion to recall the mandate overruled.



Day - to - Day,

Michael A. Wolff, Chief Justice


The next regular conference of Court en Banc will be on April 11, 2006.

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