Supreme Court of
Missouri
en
banc
October 28,
2003
OPINION BY
WHITE, C.J.
|
| SC85352 |
State ex rel. AG Processing, Inc., Appellant, vs.
Public Service Commission of the State of Missouri, and Aquila, Inc., f/k/a
UtiliCorp United, Inc., Respondents. |
 |
|
|
REVERSED AND
REMANDED. Wolff, Benton, Stith,
Teitleman and Limbaugh, JJ., and Draper, Sp.J., concur. Price, J., not
participating. |
OPINION BY
PRICE, J.
|
| SC85195 |
State of Missouri, Respondent, vs. Joseph Grubb,
Appellant. |
|
|
|
AFFIRMED. Benton, Stith and Limbaugh, JJ., concur;
Teitelman, J., dissents in separate opinion filed; White, C.J. and Wolff, J.,
concur in opinion of
Teitelman,
J. |
MOTIONS FOR
REHEARING
|
| SC84648 |
State of Missouri, Respondent,
vs. Kimber Edwards, Appellant. |
|
|
|
Appellant's motion for
rehearing overruled. Execution set for January 30, 2004.
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APPLICATIONS
FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
|
| SC85551 |
Brent Werremeyer and Tonya
Werremeyer, Appellants/Respondents, vs. K.C. Auto Salvage Co., Inc.; Copart of
Kansas, Inc., Respondents/Appellants. |
|
|
|
Respondent/Appellant K.C. Auto
Salvage Co., Inc.'s application for transfer from the Missouri Court of Appeals,
No. WD61179 consolidated with WD61210 and WD61245, sustained and cause ordered
transferred.
Appellants/Respondents' application for transfer from the
Missouri Court of Appeals, No. WD61179 consolidated with WD61210 and WD61245,
sustained and cause ordered transferred. |
|
| SC85553 |
In the Interest of B.N.W., a
child under seventeen years of age. L.K.T. a/k/a L.K.S., Appellant, vs. Greene
County Juvenile Office, Respondent. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. SD25355, denied.
|
|
| SC85556 |
State of Missouri, Respondent,
vs. John D. Couts, Appellant. |
|
|
|
Respondent's application for
transfer from the Missouri Court of Appeals, No. WD61714, sustained and cause
ordered transferred. |
|
| SC85558 |
Michael Dennis, vs. State of
Missouri, Respondent. |
|
|
|
Respondent's application for
transfer from the Missouri Court of Appeals, No. WD61681, denied.
|
|
| SC85559 |
Jessie Lee McKim, Appellant,
vs. State of Missouri, Respondent. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD61399, denied.
|
|
| SC85560 |
Megan Elise Nichols,
Appellant, vs. Director of Revenue, Respondent. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD61970, denied.
|
|
| SC85562 |
Nicole R. Kesterson and Philip
M. Kesterson, Appellants, vs. Gary Wallut,
et al., Respondents. |
|
|
|
Appellants' application for
transfer from the Missouri Court of Appeals, No. WD61846, denied.
|
|
| SC85563 |
Harold Rice, et al.,
Respondents, vs. Todd Bol and Philip W. Bledsoe, Defendants, EPT Cadre, Ltd.,
Respondent, Intelligent Electronics, Inc., and The Future Now, Inc.,
Appellants. |
|
|
|
Respondent's application for
transfer from the Missouri Court of Appeals, No. WD60092, denied.
|
|
| SC85564 |
State of Missouri, Respondent,
vs. Marvin L. Goff, Appellant. |
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|
|
Respondent's application for
transfer from the Missouri Court of Appeals, No. WD61497, sustained and cause
ordered transferred. |
|
| SC85565 |
Kenneth S. Smither,
Respondent, vs. Director of Revenue, Appellant. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD61535, sustained and cause
ordered transferred. |
|
| SC85566 |
Forest D. Hoskins and Julia
Hoskins, Respondents, vs. Business Men's Assurance, Defendant, Federal-Mogul
Corporation and T&N, Ltd., Appellants, State of Missouri,
Respondent. |
|
|
|
Appellants' application for
transfer from the Missouri Court of Appeals, No. WD61744, denied.
|
|
| SC85567 |
Christina Deardeuff and Ralph
Duncan, as Personal Representatives of the Estate of Clarence Connor, Deceased,
Respondents, vs. Melvin Alexander, Jr., and Melinda Alexander, Appellants,
Maries County Bank, Defendant. |
|
|
|
Appellants' application for
transfer from the Missouri Court of Appeals, No. WD61147, denied.
|
|
| SC85568 |
Althea D. Steiniger,
Respondent, vs. Director of Revenue, State of Missouri,
Appellant. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. ED81640, denied.
|
|
| SC85569 |
S.R., By Next Friend S.H.R.
and S.H.R., Respondents, vs. K.M., Appellant. |
|
|
|
Respondent S.H.R.'s
application for transfer from the Missouri Court of Appeals, No. ED80765,
denied. |
|
| SC85570 |
Irl B. Baris, Appellant, vs.
Ralph J. Layton, et al., Respondents. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. ED80963, denied.
|
|
| SC85571 |
NationsBank, N.A., Plaintiff,
vs. Maurice P. Liberman a/k/a Pierce Liberman, Appellant, and Doris Gordon
Liberman, Respondent. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. ED80936, denied.
|
|
| SC85572 |
State of Missouri, Respondent,
vs. Jonathan S. Humfleet, Appellant. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. ED80784, denied.
|
|
| SC85573 |
Matthew P. Litzsinger,
Respondent, vs. Director of Revenue, State of Missouri,
Appellant. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. ED81653, denied.
|
|
| SC85584 |
Ricky Daugherty, Appellant,
vs. State of Missouri, Respondent. |
|
|
|
Respondent's application for
transfer from the Missouri Court of Appeals, No. ED82145, denied.
Appellant's motion requesting sanctions and reporting to the Office of
the Chief Disciplinary Counsel of Attorney Anne E. Edgington, for filing false
information of material fact and/or law to this Court and request for dismissal
of application for transfer due to fraud overruled.
|
|
| SC85585 |
Thelma Schembre, et al.,
Appellants, vs. Mid-America Transplant Association, et al.,
Respondents. |
|
|
|
Appellants' application for
transfer from the Missouri Court of Appeals, No. ED81539, sustained and cause
ordered transferred.
Respondents Jefferson Memorial Hospital and
Christopher Guelbert's application for transfer from the Missouri Court of
Appeals, No. ED81539, sustained and cause ordered transferred.
|
|
| SC85586 |
In the Matter of
Riverside-Quindaro Bend Levee District, Platte County, Missouri, Respondent, vs.
Missouri-American Water Company, Appellant. |
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|
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD61718, denied.
|
|
| SC85595 |
State of Missouri, Appellant,
vs. Carol Sue Smith, Respondent. |
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|
|
Respondent's application for
transfer from the Missouri Court of Appeals, No. ED82604, sustained and cause
ordered transferred. |
|
| SC85596 |
N.M.O., Respondent, vs.
D.P.O., Appellant. |
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|
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED80717, denied.
|
|
| SC85601 |
State of Missouri, Respondent,
vs. Kari Lynn Kuhn, Appellant. |
|
|
|
Respondent's application for
transfer from the Missouri Court of Appeals, No. ED81558, denied.
|
|
| SC85606 |
State of Missouri, Respondent,
vs. Murlin R. Phillips, Appellant. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. SD25243, denied.
Appellant's motion for appointment of counsel supported by court order
overruled as moot. |
|
| SC85612 |
John M. Thomas, Appellant, vs.
South and Associates, et al., Respondents. |
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|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. ED81981, denied.
|
|
| SC85618 |
Wilbur McClelland, Appellant,
vs. Hogan Personnel, LLC, Defendant, State of Missouri Division of Employment
Security, Respondent. |
|
|
|
Respondent's application for
transfer from the Missouri Court of Appeals, No. WD61798,
denied. |
|
| SC85622 |
Ronda A. Bost and Brian Glen
Bost, Appellants, vs. Gordon Clark, M.D., et al., Defendants, and Health Midwest
Development Group, d/b/a Lafayette Regional Medical Center, and Health Midwest,
Respondents. |
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|
|
Appellants' application for
transfer from the Missouri Court of Appeals, No. WD61437,
denied. |
WRITS AND
OTHER ORIGINAL PROCEEDINGS
|
| SC85347 |
State ex rel. Wasim Aziz,
Petitioner, vs. Donna McCondichie, Superintendent, and Missouri Parole Board,
Respondents. |
|
|
|
Petition for writ of habeas
corpus sustained. Writ of habeas corpus ordered to issue returnable to Court en
Banc in fifteen days. |
|
| SC85484 |
State ex rel. Dwight E. Cofer,
Petitioner, vs. James D. Purkett and Missouri Board of Probation and Parole,
Respondents. |
|
|
|
Petition for writ of habeas
corpus denied.
Petitioner's motion for appointment of counsel overruled
as moot.
Petitioner's petition for release from confinement upon
Petitioner's own recognizance overruled as
moot. |
|
| SC85523 |
State ex rel. George Brown,
Jr., Petitioner, vs. Missouri Board of Probation and Parole,
Respondent. |
|
|
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Petition for writ of mandamus
denied without prejudice pursuant to Rule 84.22(a).
Petitioner's motion
for oral argument and appointment of counsel overruled as moot.
|
|
| SC85554 |
State ex rel. AJ's Transport,
Inc., Paul E. Young and Annette Young, Relators, vs. The Honorable Marco Roldan,
Judge, Sixteenth Judicial Circuit, Respondent. |
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|
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Petition for writ of
prohibition denied. |
|
| SC85519 |
State ex rel. Ali Alzawed,
Petitioner, vs. The Honorable William L. Syler, Judge, and Karen Nabe, Deputy
Clerk, Respondents. |
|
|
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Petition for writ of mandamus
denied. |
|
| SC85574 |
State ex rel. Michael
Athanasiades, Petitioner, vs. Donald Roper, Superintendent, Potosi Correctional
Center, Respondent. |
|
|
|
Petition for writ of habeas
corpus denied. |
|
| SC85581 |
State ex rel. Nicholas T.
Manning, Petitioner, vs. Denis H. Angiel, Gray B. Kempker and Francis Masters,
Respondents. |
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|
|
Petition for writ of mandamus
denied. |
|
| SC85587 |
State ex rel. Cellco
Partnership, et al., Relators, vs. The Honorable Kenneth Romines, Judge, Circuit
Court of St. Louis County, Respondent. |
|
|
|
Petition for writ of
prohibition denied. Price, J., not
participating. |
|
| SC85589 |
State ex rel. Thurman Fuller,
Petitioner, vs. State of Missouri, Respondent. |
|
|
|
Petition for writ of mandamus
denied. |
|
| SC85592 |
State ex rel. William Drury
Cone, Relator, vs. The Honorable Dennis Rolf, Respondent. |
|
|
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Petition for writ of mandamus
denied. |
|
| SC85598 |
State ex rel. Raymond David
Campos, Relator, vs. Al Luebbers, Respondent. |
|
|
|
Petition for writ of habeas
corpus denied. |
|
| SC85602 |
State ex rel. Marlin Gray,
Petitioner, vs. Donald Roper, Superintendent, Potosi Correctional Center,
Respondent. |
|
|
|
Petition for writ of habeas
corpus denied. |
|
| SC85536 |
State ex rel. Shawn Williams,
Petitioner, vs. Dave Dormire, Respondent. |
|
|
|
Petition for writ of
certiorari denied. |
|
| SC85605 |
State ex rel. John E. Belton,
Petitioner, vs. Michael Murphy, Superintendent of Algoa Correctional Center,
State of Missouri, Respondent. |
|
|
|
Petition for writ of habeas
corpus denied. |
|
| SC85613 |
State ex rel. Danny R. Wolfe,
Relator, vs. The Honorable Mary A. Dickerson, Judge of the Circuit Court of
Camden County, Missouri, Division 2, Respondent. |
|
|
|
Petition for writ of
prohibition denied. |
|
| SC85616 |
State ex rel. Stephen J.
Harris, Relator, vs. The Honorable William Camm Seay, Circuit Judge,
Respondent. |
|
|
|
Petition for writ of mandamus
denied. |
MOTIONS
|
| SC77481 |
State of Missouri, Respondent,
vs. Donald Joe Hall, Appellant. |
|
|
|
Appellant's motion to recall
the mandate overruled. |
Day -
to - Day,
____________________________________
Ronnie L. White, Chief Justice
The next regular conference of Court en
Banc will be on November 25, 2003.
