Supreme Court of Missouri
en banc

September 30, 2003

OPINION BY TEITELMAN, J.
SC85018 Tommy R. Dorsey, Appellant, vs. State of Missouri, Respondent.
AFFIRMED. All concur.




PER CURIAM
SC84515 State of Missouri, Respondent, vs. Deandra Mekel Buchanan, Appellant.
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.


PER CURIAM
SC85091 State ex rel. Rocky LaChance, Petitioner, vs. Michael Bowersox, Superintendent, and Jeremiah Nixon, Attorney General, Respondents.
PERMANENT WRIT OF MANDAMUS SHALL ISSUE. All concur.


PER CURIAM
SC85101 Mark A. Verdoorn, Respondent, vs. Director of Revenue, Appellant.
REVERSED. All concur.



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APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC85369 Sherry Neel and Rickey Jamerson, Appellants, vs. Thomas Strong, et al., Respondents.
Appellants' application for transfer from the Missouri Court of Appeals, No. ED81902, denied. Benton, Stith, Price, Teitelman and Limbaugh, JJ., not participating.

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.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED81573, sustained and cause ordered transferred.

SC85489 Sandra Hummel, Appellant, vs. St. Charles City R-3 School District, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED80787, denied.

SC85493 State of Missouri, Respondent, vs. Leontae C. Hill, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD61085, denied.

SC85494 East Attucks Community Housing, Inc., as Assignee of Omega Realty Company, Inc., Appellant, vs. Old Republic Surety Company and Reliance Insurance Company, Respondents.
Respondents' application for transfer from the Missouri Court of Appeals, No. WD61142, denied.




SC85495 Lantz Welch, and Lantz Welch, P.C., Appellants, vs. Grant Davis, et al., Respondents.
Appellants' application for transfer from the Missouri Court of Appeals, No. WD61089 consolidated with WD61731, denied.

SC85496 Donna L. Schwarz, Respondent, vs. Director of Revenue, State of Missouri, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD61803, denied.

SC85497 Marilyn Jennell Dieterich, Appellant, vs. John Pickett, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD61868, denied.

SC85498 Michael A. McCoy and John A. Oaks, Appellants, vs. Caldwell County, Missouri and Caldwell County Sheriff Kirby L. Brelsford, Respondents.
Respondents' application for transfer from the Missouri Court of Appeals, No. WD61048 consolidated with WD61049, sustained and cause ordered transferred.

SC85499 In the Matter of the Care and Treatment of William T. Barlow, Respondent, vs. State of Missouri, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD61778, denied.

SC85500 State of Missouri, Respondent, vs. Casey N. Pond, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. SD25137, sustained and cause ordered transferred.


SC85507 Greg and Terri Wolfner, Respondents, vs. Board of Adjustment of the City of Warson Woods, Appellant.
Respondents' application for transfer from the Missouri Court of Appeals, No. ED81434, denied.

SC85517 Lloyd Grass, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED80880, sustained and cause ordered transferred.

SC85518 Joe Allen Atteberry, Appellant, vs. John W. Sims, et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD24936, denied.

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.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED82789, sustained and cause ordered transferred.

SC85521 Kurt W. Ponzar and Sandy Ponzar, Appellants, vs. Whitmoor Country Club,
et al., Respondents.
Appellant Kurt W. Ponzar's application for transfer from the Missouri Court of Appeals, No. ED81493, denied.

SC85524 State of Missouri, Respondent, vs. Timothy Scholl, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED82159, denied.



SC85525 Donna Cruthis, Respondent, vs. Famous Barr, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED82164, denied.

SC85526 State of Missouri, Respondent, vs. Elmer D. Williams, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED81738, denied.

SC85527 Theodore Burke, Appellant, vs. Shevin Goodman, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED81814, denied.

SC85543 Ashish Jain, Appellant, vs. Director of Revenue, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED81886, denied.

SC85544 State of Missouri, Respondent, vs. Daniel Alan Charlton, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD24766, denied.

SC85545 Madonna J. Williams, Respondent, vs. Arthur S. Daus, M.D., Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD25065, denied.


SC85546 Jamie N. Estes, Appellant, vs. Norwest Mortgage, Inc., et al., Defendants, and Garner Real Estate Marketing Specialist, Inc., Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED82102, sustained and cause ordered transferred. Price, J., not participating.

SC85549 State of Missouri, Respondent, vs. Jennifer Hall, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60841, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS
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.
Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC85438 State ex rel. May Chatila, Relator, vs. The Honorable Michael P. David, Respondent.
Petition for writ of prohibition denied.

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


SC85436 State ex rel. Darryl Anderson, Petitioner, vs. Donna McCondichie and Jeremiah Nixon, Attorney General, Respondents.
Petition for writ of habeas corpus denied.

SC85477 State ex rel. Jimmie Willyard, Petitioner, vs. Michael Bowersox, Respondent.
Petition for writ of habeas corpus denied.

SC85503 State ex rel. Mark Richard Kilmartin, Petitioner, vs. James Anthony Gammon, Respondent.
Petition for writ of habeas corpus denied.

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.
Petition of KPMG LLP and Individual Defendants for writ of prohibition or mandamus denied.

SC85506 State ex rel. Grand River Six Nations, LTD., Relator, vs. The Honorable Jimmie M. Edwards, Respondent.
Petition for writ of prohibition denied. Stith, J., not participating.

SC85471 State ex rel. Lloyd Kuntz, Petitioner, vs. Kelly Lock, Respondent.
Petition for writ of habeas corpus denied.

SC85515 State ex rel. Heart of America Council, Inc., Relator, vs. The Honorable Thomas C. Clark, Respondent.
Petition for writ of prohibition denied. Limbaugh, J., not participating.
SC85516 State ex rel. Charles D. Wheat, Petitioner, vs. Steven E. Moore, Superintendent, Respondent.
Petition for writ of habeas corpus denied.

SC85492 State ex rel. Michael James Holman, Petitioner, vs. Mike Kemna, Superintendent, Respondent.
Petition for writ of habeas corpus denied.

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

SC85485 State ex rel. Ed Fletcher, Petitioner, vs. State of Missouri, Respondent.
Petition for writ of habeas corpus denied.

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.
Petition for writ of prohibition denied.

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.
Petition for writ of prohibition denied.

SC85531 State ex rel. Reginald Ivy, Petitioner, vs. Department of Corrections, Board of Probation and Parole, Respondent.
Petition for writ of habeas corpus denied.

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

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.
Petition for writ of mandamus denied. Benton, J., not participating.

SC85550 State ex rel. Denny's Inc., et al., Relators, vs. The Honorable Michael P. David, Judge, Twenty-Second Judicial Circuit, Respondent.
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.
Respondent's motion to exclude portion of legal file ordered taken with the case.

SC74064 State of Missouri, Respondent, vs. Timothy Johnston, Appellant.
Appellant's motion to recall the mandate overruled.


SC84655 In re: Weston A. Sechtem, Respondent.
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.