OPINION BY STITH, C.J.

SC88063

Michael Taylor, Appellant, vs. State of Missouri, Respondent.

AFFIRMED IN PART; REVERSED IN PART; REMANDED. Teitelman and Wolff, JJ., concur; Mooney, Sp.J., concurs in result; Price, J., concurs in part and
dissents in part in separate opinion filed; Russell, J., concurs in opinion of
Price, J. Breckenridge, J., not participating.

OPINION BY STITH, C.J.

SC88181

State of Missouri, Respondent, vs. Scott A. McLaughlin, Appellant.

AFFIRMED. Price, Teitelman, Russell, Wolff and Breckenridge, JJ., concur.

OPINION BY BRECKENRIDGE, J.

SC88275

State ex rel. Wyeth a/k/a Wyeth, Inc., et al., Relators, vs. The Honorable Thomas C. Grady, Respondent.

WRIT QUASHED. Price, Russell and Wolff, JJ., concur; Clark, Sr.J., concurs in separate opinion filed; Teitelman, J., concurs in opinion of Clark, Sr.J.
Stith, C.J., not participating.

OPINION BY BRECKENRIDGE, J.

SC88778

State ex rel. John Rogers, Relator, vs. The Honorable Robert S. Cohen, Respondent.

WRIT MADE ABSOLUTE. Stith, C.J., Price, Teitelman, Russell and Wolff, JJ., concur.

PER CURIAM

SC89130

State ex rel. John Doe, Relator, vs. The Honorable Stanley Moore, Respondent.

PRELIMINARY WRIT QUASHED. Stith, C.J., Price, Teitelman, Russell, Wolff and Breckenridge, JJ., concur.

MOTIONS FOR REHEARING

SC88779

State ex rel. Marianist Province of the United States, Relator, vs. The Honorable John A. Ross, Respondent.

Respondent's motion for rehearing overruled.

SC88923

John Lynch, et al., Appellants, vs. George A. Lynch, Trustee, et al., Respondents.

Respondents' motion for rehearing overruled. Opinion modified on Court's own motion.

SC88710

Bruce F. Bird, P.E., Respondent, vs. Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects, Appellant.

Appellant's motion for rehearing overruled. Opinion modified on Court's own motion. Breckenridge, J., not participating.

SC88954

St. Louis Police Officers' Association, et al., Appellants, vs. Board of Police Commissioners of the City of St. Louis, et al., Respondents.

Respondents' motion for rehearing overruled.

SC89245

Gary Roberts, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89786, sustained and cause ordered transferred.

SC89288

John R. Dobson and Samatherith T. Dobson, Respondents, vs. Mortgage Electronic Registration Systems, Inc./GMAC Mortgage Corporation, Defendant, and First National Bank of Arizona, Appellant, and Commonwealth Land Title Ins. Company, Doering & Associates, P. C., and Hilton & Hartford, LLC, Defendants.

Respondents' application for transfer from the Missouri Court of Appeals, Nos. ED89385 and ED89417, denied.

SC89323

State of Missouri ex rel. Public Counsel, Appellant, vs. Public Service Commission of the State of Missouri, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD68333, denied.

SC89324

Galen Richey, Respondent, vs. Catherine M. Philipp a/k/a Catherine M. Philipp-Leatz, f/k/a Cathy Philipp, in her individual capacity and as an agent for American Family Mutual Insurance Company, and American Family Mutual Insurance Company, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD68064, denied.

SC89371

State of Missouri, Respondent, vs. Larry Lewis, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED90257, denied.

SC89373

State of Missouri, Respondent, vs. Mack Calhoun, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD67579, denied.

SC89376

Cures Without Cloning, Lori Buffa, M.D., and Chelsea Zimmerman, Appellants-Respondents, vs. Robin Carnahan, Secretary of State, Respondent-Appellant, Susan Montee, State Auditor, Defendant, Robert E. Pund and Susan Baier, Respondent-Appellant.

Appellants-Respondents' application for transfer from the Missouri Court of Appeals, No. WD69376 consolidated with WD69390 and WD69391, denied.

Respondent-Appellant Robin Carnahan's application for transfer from the Missouri Court of Appeals, No. WD69376 consolidated with WD69390 and WD69391, denied.

Respondent-Appellant's suggestion of mootness and request for vacature overruled as moot.

SC89377

Jane Doe I, et al., Respondents, vs. Thomas Phillips, et al., Defendants, James Keathley, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD68066, denied.

SC89378

In the Interest of A.L.L. and T.P.L.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD68627, denied.

SC89379

Wayne D. Windisch, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89945, denied.

SC89380

State of Missouri, Respondent, vs. Ozie Banks, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD66035, denied.

SC89381

State of Missouri, Respondent, vs. Leonard E. Strother, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD67062, denied.

SC89382

Zacheriah S. Tripp, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD67173, denied.

SC89383

State of Missouri, Respondent, vs. Givon O. Clemons, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD67783, denied.

SC89384

State of Missouri, Respondent, vs. Don J. Ersery, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD67902, denied.

SC89386

State of Missouri, Respondent, vs. Jay L. Schilling, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD67933, denied.

SC89389

State of Missouri, Respondent, vs. Antonio Amerson, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD27989, denied.

SC89390

State of Missouri, Respondent, vs. Jamie Avery, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD27290, sustained and cause ordered transferred.

SC89391

State of Missouri, Respondent, vs. David W. Stidman, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD27697, denied.

SC89392

Patricia Ward, Individually and in her capacity as Plaintiff ad Litem for Nona Woods, and Darrell Woods, Individually and in his capacity as Plaintiff ad Litem for Nona Woods, Respondents, vs. National Health Care Corporation, National Healthcare, L.P., NHC Healthcare/Kennett, LLC., NHC, Inc., Patty Webb, Carol June Craig, Charleston Manor, LLC, d/b/a Charleston Manor-Skilled Nursing by Americare, RH Montgomery Properties, Inc., Americare Systems, Inc., Shirley Jones and Jennifer Cannon a/k/a Jennifer Dambach, Appellants.

Appellants National Health Care Corporation, National Healthcare, L.P., NHC Healthcare/Kennett, L.L.C., and NHC, Inc.'s application for transfer from the Missouri Court of Appeals, No. SD28737, sustained and cause ordered transferred.

SC89403

State of Missouri, Respondent, vs. James J. Briscoe, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89475, denied.

SC89404

J.C.W. and T.D.W., minors, by their next friend, Kelly K. Webb, Appellant, vs. Jason L. Wyciskalla, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED89632, sustained and cause ordered transferred.

SC89405

Timothy Miles, Respondent, vs. Lear Corporation, Appellant, and Zurich North America Insurance Company, Appellant.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED89961, denied.

SC89406

Ronald W. Lenggenhager, and Ronald W. Lenggenhager, Personal Representative of the Estate of Judith E. Lenggenhager, Deceased, Appellant, vs. St. Anthony's Medical Center, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89360, denied.

SC89407

Essex Contracting, Inc., and Federal Insurance Company, Appellants/
Cross-Respondents, vs. Jefferson County, Missouri, Respondent, Patrick J. Acheson, et al., Respondents, J. H. Berra Paving Co., Inc., and Boling Concrete Const., Inc., Respondents/Cross-Appellants.

Respondents Patrick J. Acheson, et al.'s application for transfer from the Missouri Court of Appeals, No. ED89269, sustained and cause ordered transferred.

SC89427

State of Missouri, Respondent, vs. Reginald Clemons, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89921, denied.

SC89428

S.D. Investments, Inc., Respondent, vs. Verlin Boes d/b/a/ Motor Bank, Verlin J. Boes & Associates, Inc., and Motor Banc, L.L.C., Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD68338, denied.

SC89434

John Cox, deceased, and Betty Cox, Appellants, vs. Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED89751-01, denied.

SC89435

T.D.H., Respondent, vs. John O'Connell, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89929, denied.

SC89437

State of Missouri, Respondent, vs. Bradley A. Hays, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD67801 consolidated with WD67802, denied.

SC89438

Wilson Manufacturing Company, Appellant/Cross-Respondent, vs. Edward A. Fusco, Respondent/Cross-Appellant.

Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, Nos. ED89661 and ED89912, denied.

SC89439

Christopher Crow, et al., Appellants, vs. Crawford & Company, et al., Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED90093, denied.

SC89440

In re the Marriage of Melanie D. Fisher and Robert M. Fisher
Melanie D. Fisher, Respondent, vs. Robert M. Fisher, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD28219, denied.

SC89444

Graeme T. Smith, Respondent, vs. Director of Revenue, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD68356, denied.

SC89448

State of Missouri, Respondent, vs. Larry Newell, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD66973, denied.

SC89450

In re the Estate of Orville Bruce

Respondent's application for transfer from the Missouri Court of Appeals, No. WD68051, denied.

SC89452

Theresa Patterson, Appellant, vs. Warten, Fisher, Lee & Brown, L.L.C., et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD28664, denied.

SC89454

Sandra L. DeHaan (Lombardo), Appellant, vs. Richard J. Lombardo, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD68139, denied.

SC89455

In the Interest of: B.K., B.K., J.M., and H.M., Plaintiffs, Juvenile Officer and Missouri Children's Division, Respondents, vs. J.A.M., Appellant, A.M. (Mother), et al., Defendants.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD68380, denied.

SC89456

Ousmane Sy, Appellant, vs. Hadja Sow, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD68235, denied.

SC89468

State of Missouri, Respondent, vs. Kenneth Robinson, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED90359, denied.

SC89475

In re the Marriage of: Mary Ann Chadwick, Appellant, vs. Charles Don Chadwick, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD28725, denied.

SC89479

Steve Michael Ratteree, Appellant, vs. Donna Jean Will, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED90269, denied.

SC89484

Leonard Carpenter, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89819, denied.

SC89488

Lonnie Snelling, Appellant, vs. John Bleckman and Robert N. Hamilton, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED90260, denied.

SC89494

Claudex Simmons, Jr., Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED90319, denied.

SC89497

Brenda Wilson, Personal Representative of the Estate of Amelia J. Winchester, Respondent, vs. Billy Rhodes, Jr., Individually and as Successor Trustee of the Bill Rhodes, Sr., Trust, Kathy Kinder, Individually and as Successor Trustee of the Jean F. Rhodes Trust, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. SD27904, denied.

SC89501

State of Missouri, Respondent, vs. Michael Teer, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89409, sustained and cause ordered transferred.

SC89502

Nancy F. Lurie, Appellant, vs. Apex Clayton, Inc. and 8182 Maryland Associates, L.P., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED90443, denied.

SC89504

Larry Wade McGee, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED90285, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS

SC89327

State ex rel. First Health Group Corp., et al., Relators, vs. The Honorable Jack R. Grate, Respondent.

Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc within thirty days.

SC89336

State ex rel. Renae Greene, Petitioner, vs. Jennifer Miller, Warden, and Jeremiah Nixon, Attorney General of Missouri, Respondents.

Petition for writ of habeas corpus denied.

SC89342

State ex rel. David C. Hayes Bonding d/b/a Big Daddy's Bail Bonds, Relator, vs. The Honorable Garry L. Helm and City of Independence, Missouri, Respondents.

Petition for writ of prohibition denied.

SC89357

State ex rel. Ernest Cornelius Williams, Relator, vs. Missouri Court of Appeals, Eastern District, Division 2, Respondent.

Petition for writ of mandamus denied.

SC89341

State ex rel. Lobester J. Loggins, Relator, vs. Steve Larkins, Respondent.

Petition for writ of habeas corpus denied.

Relator's motion for issuance of show cause order overruled as moot.

SC89396

State ex rel. Keith A. Sanders, Petitioner, vs. Troy Steele, Respondent.

Petition for writ of habeas corpus with request for evidentiary hearing, appointment of counsel, and appointment of special master denied.

SC89350

State ex rel. Jesse Shearer, Petitioner, vs. Steve Denny, Superintendent, Respondent.

Petition for writ of habeas corpus denied.

SC89397

State ex rel. Albert W. Giese, Relator, vs. The Honorable Jason A. Kanoy, Respondent.

Petition for writ of prohibition denied.

SC89398

State ex rel. Gregory A. McNeely, Relator, vs. James Purkett, Superintendent, Respondent.

Petition for writ of habeas corpus denied.

SC89387

State ex rel. Jeffrey W. Rogers, Petitioner, vs. Dave Dormire, Warden, and Jeremiah W. Nixon, Attorney General of Missouri, Respondents.

Petition for writ of habeas corpus denied.

SC89375

State ex rel. Eugene Kenneth Jones-El, Petitioner, vs. Steve Larkins, Respondent.

Petition for writ of habeas corpus denied.

Petitioner's motion for appointment of counsel overruled as moot.

SC89412

State ex rel. Scott R. Axelrod, Relator, vs. The Honorable Ted House, Respondent.

Petition for writ of prohibition denied.

SC89401

State ex rel. Bernie Farmer, Relator, vs. State of Missouri, Greene County Circuit Court, Respondent.

Petition for writ of mandamus denied.

SC89417

State ex rel. American Home Assurance Company, Relator, vs. The Honorable Dennis Rolf, Respondent.

Petition for writ of prohibition denied.

SC89420

State ex rel. Des Peres Medical Specialists, Inc., and Michael Impey, D.O., Relators, vs. The Honorable Richard C. Bresnahan, Respondent.

Petition for writ of prohibition denied.

SC89430

State ex rel. Rolf Rosendahl, Petitioner, vs. State of Missouri, Respondent.

Petition for writ of habeas corpus denied.

SC89433

State ex rel. George W. Carlisle, Jr., Relator, vs. The Honorable Kurt S. Odenwald and The Honorable Matthew E. P. Thornhill, Respondents.

Petition for writ of mandamus and/or prohibition denied.

SC89446

State ex rel. Timothy Jacobs, Petitioner, vs. The Honorable Lee E. Wells, Respondent.

Petition for writ of certiorari denied.

Petitioner's motion for certiorari to correct record on appeal overruled.

SC89399

State ex rel. John W. White, Petitioner, vs. Jim Moore, Respondent.

Petition for writ of habeas corpus denied.

Petitioner's motion for appointment of counsel overruled as moot.

SC89410

State ex rel. Darryl Nichols, Petitioner, vs. Jean-Ann Johnson, Warden, Respondent.

Petition for writ of habeas corpus denied.

SC89451

State ex rel. David C. Hayes Bonding d/b/a Big Daddy's Bail Bonds, Relator, vs. The Honorable Garry Helm and City of Independence, Missouri, Respondents.

Petition for writ of prohibition denied

SC89424

State ex rel. David R. Bullock, Jr., Petitioner, vs. James Moore, Warden, Respondent.

Petition for writ of habeas corpus denied without prejudice pursuant to Rules 91.02(a) and 84.22.

SC89425

State ex rel. Duwane Robinette, Petitioner, vs. The Honorable Gary Oxenhandler, Respondent.

Petition for writ of mandamus denied without prejudice.

Petitioner's motion for appointment of counsel overruled as moot.

SC89467

State ex rel. Maurice Williams, Petitioner, vs. The Honorable Philip Heagney, Respondent.

Petition for writ of habeas corpus denied.

Petitioner's motion for writ of habeas corpus to issue for Respondent's failure to file suggestions in opposition overruled as moot.

SC89471

State ex rel. Michael West, Relator, vs. The Honorable Terry R. Cundiff, Respondent.

Petition for writ of mandamus, or in the alternative, writ of prohibition denied.

SC89476

State ex rel. Joseph Larrie Arnold, Petitioner, vs. The Honorable Joan Moriarty, Respondent

Petition for writ of habeas corpus denied.

Petitioner's motion requesting writ of habeas corpus to issue for Respondent's violation of Rule 84.24(c) overruled as moot.

SC89480

State ex rel. Redden Jackie, Relator, vs. The Honorable Joan Moriarty, Respondent.

Petition for writ of prohibition denied.

SC89482

State ex rel. Stanley Boyd, Petitioner, vs. Steve Larkins, Warden, Respondent.

Petition for writ of habeas corpus denied.

SC89483

State ex rel. Norman Frank Janson, Relator, vs. The Honorable David L. Dowd, Respondent.

Petition for writ of prohibition denied.

SC89481

State ex rel. Joseph Larrie Arnold, Petitioner, vs. The Honorable Paula Perkins Bryant and Jennifer M. Joyce, Respondents.

Petition for writ of habeas corpus denied.

SC89489

State ex rel. B.C. King DDS, and B.C. King, DDS, P.C. d/b/a King Dental Clinic, Relators, vs. The Honorable Jon E. Beetem, Respondent.

Petition for writ of mandamus and/or prohibition denied.

SC89490

State ex rel. Dr. Bernard Taylor, Jr., Relator, vs. The Honorable W. Brent Powell, Respondent.

Petition for writ of prohibition sustained. Preliminary writ ordered to issued returnable to Court en Banc within thirty days.

SC89493

State ex rel. Michael West, Petitioner, vs. The Honorable Terry R. Cundiff, Respondent.

Petition for writ of mandamus and/or prohibition denied.

SC89495

State ex rel. Husch & Eppenberger, LLC, Jerry Rank, Michael R. Thiessen and John K. Power, Relators, vs. The Honorable Robert M. Schieber and The Honorable W. Brent Powell, Respondents.

Petition for writ of prohibition denied.

SC89505

State ex rel. Michael West, Relator, vs. The Honorable Phillip Ohlms, Respondent.

Petition for writ of mandamus, or in the alternative, a writ of habeas corpus denied.

MOTIONS

SC89249

State ex rel. Micheal Shepherd, Petitioner, vs. Steve Larkins, Warden, Respondent.

Respondent's motion to quash writ overruled.

SC82822

State of Missouri, Respondent, vs. Timothy J. Whalen, Appellant.

Appellant's motion to recall the mandate overruled.

SC88799

In the Matter of the Care and Treatment of Richard Tyson, a/k/a James L. Thompson, a/k/a Richard J. Tyson, a/k/a Ritch E. Tyson, a/k/a Otis L. Tyson, Richard Tyson, Ritch Tyson, a/k/a Richard Earvin, a/k/a Rich Tyson, Appellant, vs. State of Missouri, Respondent.

Appellant's motion to recall the mandate and reinstate appeal with attached motion for reconsideration of judgment overruled. Breckenridge, J., not participating.