Supreme Court of
Missouri
en
banc
September 30,
2003
PER
CURIAM
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| SC84515 |
State of Missouri, Respondent, vs. Deandra Mekel
Buchanan, Appellant. |
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AFFIRMED IN PART; SENTENCE
OF DEATH SET ASIDE; RESENTENCED ON EACH MURDER COUNT TO LIFE IMPRISONMENT
WITHOUT ELIGIBILITY FOR PROBATION, PAROLE OR RELEASE
EXCEPT BY THE
GOVERNOR. White, C.J., Wolff,
Stith and Teitelman, JJ., concur; Benton, Price and Limbaugh, JJ., concur in
joint separate opinion filed. |
APPLICATIONS
FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
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| SC85369 |
Sherry Neel and Rickey
Jamerson, Appellants, vs. Thomas Strong, et al., Respondents. |
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Appellants' application for
transfer from the Missouri Court of Appeals, No. ED81902, denied. Benton, Stith,
Price, Teitelman and Limbaugh, JJ., not
participating. |
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| SC85451 |
State of Missouri, ex rel. The
Doe Run Resources Corporation, et al., Relators, vs. Honorable Margaret M.
Neill, Presiding Judge, Twenty-Second Judicial Circuit, City of St. Louis,
Respondent. |
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Respondent's application for
transfer from the Missouri Court of Appeals, No. ED81573, sustained and cause
ordered transferred. |
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| SC85489 |
Sandra Hummel, Appellant, vs.
St. Charles City R-3 School District, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED80787,
denied. |
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| SC85493 |
State of Missouri, Respondent,
vs. Leontae C. Hill, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD61085,
denied. |
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| SC85494 |
East Attucks Community
Housing, Inc., as Assignee of Omega Realty Company, Inc., Appellant, vs. Old
Republic Surety Company and Reliance Insurance Company,
Respondents. |
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Respondents' application for
transfer from the Missouri Court of Appeals, No. WD61142,
denied. |
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| SC85495 |
Lantz Welch, and Lantz Welch,
P.C., Appellants, vs. Grant Davis, et al., Respondents. |
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Appellants' application for
transfer from the Missouri Court of Appeals, No. WD61089 consolidated with
WD61731, denied. |
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| SC85496 |
Donna L. Schwarz, Respondent,
vs. Director of Revenue, State of Missouri, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD61803,
denied. |
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| SC85497 |
Marilyn Jennell Dieterich,
Appellant, vs. John Pickett, Respondent. |
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Respondent's application for
transfer from the Missouri Court of Appeals, No. WD61868,
denied. |
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| SC85498 |
Michael A. McCoy and John A.
Oaks, Appellants, vs. Caldwell County, Missouri and Caldwell County Sheriff
Kirby L. Brelsford, Respondents. |
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Respondents' application for
transfer from the Missouri Court of Appeals, No. WD61048 consolidated with
WD61049, sustained and cause ordered
transferred. |
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| SC85499 |
In the Matter of the Care and
Treatment of William T. Barlow, Respondent, vs. State of Missouri,
Appellant. |
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Respondent's application for
transfer from the Missouri Court of Appeals, No. WD61778,
denied. |
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| SC85500 |
State of Missouri, Respondent,
vs. Casey N. Pond, Appellant. |
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Respondent's application for
transfer from the Missouri Court of Appeals, No. SD25137, sustained and cause
ordered transferred. |
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| SC85507 |
Greg and Terri Wolfner,
Respondents, vs. Board of Adjustment of the City of Warson Woods,
Appellant. |
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Respondents' application for
transfer from the Missouri Court of Appeals, No. ED81434,
denied. |
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| SC85517 |
Lloyd Grass, Appellant, vs.
State of Missouri, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED80880, sustained and cause
ordered transferred. |
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| SC85518 |
Joe Allen Atteberry,
Appellant, vs. John W. Sims, et al., Respondents. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. SD24936,
denied. |
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| SC85520 |
State of Missouri ex rel.
Craig L. Leonardi and Craig L. Leonardi, M.D., P.C., Relators, vs. The Honorable
Thea A. Sherry, Judge of the Circuit Court of
St. Louis County, Missouri,
Respondent. |
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Respondent's application for
transfer from the Missouri Court of Appeals, No. ED82789, sustained and cause
ordered transferred. |
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| SC85521 |
Kurt W. Ponzar and Sandy
Ponzar, Appellants, vs. Whitmoor Country Club,
et al.,
Respondents. |
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Appellant Kurt W. Ponzar's
application for transfer from the Missouri Court of Appeals, No. ED81493,
denied. |
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| SC85524 |
State of Missouri, Respondent,
vs. Timothy Scholl, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED82159,
denied. |
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| SC85525 |
Donna Cruthis, Respondent, vs.
Famous Barr, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED82164,
denied. |
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| SC85526 |
State of Missouri, Respondent,
vs. Elmer D. Williams, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED81738,
denied. |
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| SC85527 |
Theodore Burke, Appellant, vs.
Shevin Goodman, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED81814,
denied. |
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| SC85543 |
Ashish Jain, Appellant, vs.
Director of Revenue, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED81886,
denied. |
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| SC85544 |
State of Missouri, Respondent,
vs. Daniel Alan Charlton, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. SD24766,
denied. |
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| SC85545 |
Madonna J. Williams,
Respondent, vs. Arthur S. Daus, M.D., Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. SD25065,
denied. |
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| SC85546 |
Jamie N. Estes, Appellant, vs.
Norwest Mortgage, Inc., et al., Defendants, and Garner Real Estate Marketing
Specialist, Inc., Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED82102, sustained and cause
ordered transferred. Price, J., not
participating. |
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| SC85549 |
State of Missouri, Respondent,
vs. Jennifer Hall, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD60841,
denied. |
WRITS AND
OTHER ORIGINAL PROCEEDINGS
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| SC85365 |
State ex rel. Southwestern
Bell Advertising, L.P., Southwestern Bell Yellow Pages Resources, Inc., and
Southwestern Bell Yellow Pages, Inc., Relators, vs. The Honorable Thomas C.
Clark, Judge of the Sixteenth Judicial Circuit, Jackson County, Missouri,
Respondent. |
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Petition for writ of
prohibition sustained. Preliminary writ ordered to issue returnable to Court en
Banc in thirty days. |
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| SC85438 |
State ex rel. May Chatila,
Relator, vs. The Honorable Michael P. David, Respondent. |
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Petition for writ of
prohibition denied. |
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| SC85473 |
State ex rel. Union Planters
Bank, N.A., et al., Relators, vs. The Honorable Larry L. Kendrick, Judge,
Division 17, Circuit Court of St. Louis County, Respondent. |
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Petition for writ of
prohibition sustained. Preliminary writ ordered to issue returnable to Court en
Banc in thirty days. |
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| SC85436 |
State ex rel. Darryl Anderson,
Petitioner, vs. Donna McCondichie and Jeremiah Nixon, Attorney General,
Respondents. |
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Petition for writ of habeas
corpus denied. |
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| SC85477 |
State ex rel. Jimmie Willyard,
Petitioner, vs. Michael Bowersox, Respondent. |
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Petition for writ of habeas
corpus denied. |
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| SC85503 |
State ex rel. Mark Richard
Kilmartin, Petitioner, vs. James Anthony Gammon, Respondent. |
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Petition for writ of habeas
corpus denied. |
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| SC85505 |
State ex rel. KPMG LLP, Thomas
R. Kochis, Jack F. Myers, Christopher J. Swift, Jonathan A. Wismer, Paul A.
Kopsky and Charles A. Friedstadt, Relators, vs. The Honorable Peggy Stevens
McGraw, Judge, 16th Judicial Circuit of the State of Missouri,
Respondents. |
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Petition of KPMG LLP and
Individual Defendants for writ of prohibition or mandamus
denied. |
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| SC85506 |
State ex rel. Grand River Six
Nations, LTD., Relator, vs. The Honorable Jimmie M. Edwards,
Respondent. |
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Petition for writ of
prohibition denied. Stith, J., not
participating. |
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| SC85471 |
State ex rel. Lloyd Kuntz,
Petitioner, vs. Kelly Lock, Respondent. |
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Petition for writ of habeas
corpus denied. |
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| SC85515 |
State ex rel. Heart of America
Council, Inc., Relator, vs. The Honorable Thomas C. Clark,
Respondent. |
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Petition for writ of
prohibition denied. Limbaugh, J., not
participating. |
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| SC85516 |
State ex rel. Charles D.
Wheat, Petitioner, vs. Steven E. Moore, Superintendent,
Respondent. |
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Petition for writ of habeas
corpus denied. |
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| SC85492 |
State ex rel. Michael James
Holman, Petitioner, vs. Mike Kemna, Superintendent, Respondent. |
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Petition for writ of habeas
corpus denied.
Petitioner's motion for appointment of counsel overruled
as moot. |
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| SC85485 |
State ex rel. Ed Fletcher,
Petitioner, vs. State of Missouri, Respondent. |
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Petition for writ of habeas
corpus denied. |
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| SC85529 |
State ex rel. Dallas
Airmotive, Inc., Flightsafety International, Inc., Michael K. Whitehead,
Personal Representative of the Estate of Alan C. England, Deceased, and Woodward
Governor Company, Relators, vs. The Honorable Marco Roldan,
Respondent. |
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Petition for writ of
prohibition denied. |
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| SC85530 |
State ex rel. Dallas
Airmotive, Inc., Flightsafety International, Inc., Michael K. Whitehead,
Personal Representative of the Estate of Alan C. England, Deceased, Falcon
Communications, Inc., and Woodward Governor Company, Relators, vs. The Honorable
Marco Roldan, Respondent. |
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Petition for writ of
prohibition denied. |
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| SC85531 |
State ex rel. Reginald Ivy,
Petitioner, vs. Department of Corrections, Board of Probation and Parole,
Respondent. |
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Petition for writ of habeas
corpus denied. |
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| SC85534 |
State ex rel. James Green,
M.D., T. Isakson, M.D. and Christina L. Litherland, M.D., Relators, vs. The
Honorable Margaret M. Neill, Presiding Judge, Twenty-Second Judicial Circuit of
Missouri, Respondent. |
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Petition for writ of
prohibition sustained. Preliminary writ ordered to issue returnable to Court en
Banc in thirty days. |
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| SC85540 |
State ex rel. U.S. Bank
National Association, Relator, vs. The Honorable Colleen Dolan, Judge of the
Circuit Court of St. Louis County, Respondent. |
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Petition for writ of mandamus
denied. Benton, J., not participating. |
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| SC85550 |
State ex rel. Denny's Inc., et
al., Relators, vs. The Honorable Michael P. David, Judge, Twenty-Second Judicial
Circuit, Respondent. |
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Petition for writ of
prohibition denied. |
MOTIONS
|
| SC85312 |
Cooper County, Missouri, A
Body Politic and Corporate, By and Through Its Governing Body, The County
Commission of Cooper County, Missouri, Respondent, vs. Circuit Court of the 18th
Judicial Circuit of Missouri, Donald Barnes, Presiding Circuit Judge,
Appellant. |
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Respondent's motion to exclude
portion of legal file ordered taken with the
case. |
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| SC74064 |
State of Missouri, Respondent,
vs. Timothy Johnston, Appellant. |
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Appellant's motion to recall
the mandate overruled. |
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| SC84655 |
In re: Weston A. Sechtem,
Respondent. |
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Respondent's motion to set
aside default disbarment overruled. Price, J., not
participating. |
Day - to - Day,
____________________________________
Duane Benton
Acting Chief Justice
The next regular conference of Court en
Banc will be on October 28, 2003.