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 WOLFF, J.
SC85225 Thomas G. Thompson, et al., Appellants, vs. Clark Hunter and Morgan County R-II School District, Respondents.
AFFIRMED. All concur.


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.



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.
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.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD61718, denied.

SC85595 State of Missouri, Appellant, vs. Carol Sue Smith, Respondent.
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.
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.
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.
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.
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.
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.
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.
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.
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.