Supreme Court of
Missouri
en
banc
June 26,
2001
OPINION BY
LIMBAUGH, J.
|
| SC82082 |
State of Missouri, Respondent, vs. Mark A. Christeson,
Appellant. |
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 |
 |
AFFIRMED. Price, C.J., White, Holstein, Wolff and Benton,
JJ., concur.
Stith, J., not
participating. |
OPINION BY
HOLSTEIN, J.
|
| SC83208 |
Lincoln Industrial, Inc., Appellant, vs. Director
of Revenue, Respondent. |
 |
 |
 |
REVERSED AND
REMANDED. Price, C.J., Limbaugh,
White, Wolff and Benton, JJ., and Rahmeyer, Sp.J., concur. Stith, J., not
participating. |
OPINION BY
WOLFF, J.
|
| SC83409 |
Boone National Savings & Loan Association,
F.A., Respondent, vs. Laura J. Crouch, Appellant. |
 |
 |
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AFFIRMED IN PART; REVERSED
IN PART; REMANDED. Price, C.J.,
Limbaugh, White, Holstein and Benton, JJ., and Burger, Sp.J., concur. Stith, J.,
not participating. |
PER
CURIAM
|
| SC83242 |
William W. Bradley, Jr., Respondent, vs. Betty Lee
Bradley, Appellant. |
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 |
 |
AFFIRMED. Price, C.J., Limbaugh, White, Holstein, Wolff and
Benton, JJ., and Ehlmann, Sp.J., concur. Stith, J., not
participating. |
PER
CURIAM
|
| SC83273 |
State of Missouri, Missouri Department of Social
Services, Division of Aging, Respondent, vs. Brookside Nursing Center, Inc.,
d/b/a Brookside Nursing Center,
et al., Defendants, HCFP Funding, Inc., Appellant, and Terry C. Allen,
Respondent. |
 |
 |
 |
REVERSED AND
REMANDED. Price, C.J., Limbaugh,
White, Holstein and Benton, JJ., concur; Wolff, J., concurs in part and dissents
in part in separate opinion filed; Rahmeyer, Sp.J., concurs in opinion of Wolff,
J. Stith, J., not participating. |
MOTIONS FOR
REHEARING
|
| SC82406 |
William L. Rousan, Appellant,
vs. State of Missouri, Respondent. |
 |
 |
 |
Appellant's motion for
rehearing overruled. Stith, J., not
participating. |
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| SC82897 |
Robert R. and Signa M.
Hermann, Appellants, vs. Director of Revenue, Respondent. |
 |
 |
 |
Appellants' motion for
rehearing overruled. Stith, J., not
participating. |
APPLICATIONS
FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
|
| SC83625 |
Billy W. Campbell, Appellant,
vs. State of Missouri, Respondent. |
 |
 |
 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58104, denied. Stith, J., not
participating. |
 |
| SC83626 |
State of Missouri, Respondent,
vs. Everett C. Ulshafer, Appellant. |
 |
 |
 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58060, denied. Stith, J., not
participating. |
 |
| SC83627 |
State of Missouri, Respondent,
vs. David M. Robinson, Appellant. |
 |
 |
 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD57460,
denied. |
 |
| SC83628 |
Johnny L. Bowman, Appellant,
vs. State of Missouri, Respondent. |
 |
 |
 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58660, denied. Stith, J., not
participating. |
 |
| SC83629 |
State of Missouri, Respondent,
vs. Andre L. Fulson, Appellant. |
 |
 |
 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58724,
denied. |
 |
| SC83630 |
Shane Conkin, Appellant, vs.
State of Missouri, Respondent. |
 |
 |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58566,
denied. |
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| SC83631 |
Lee Elbert, Appellant, vs.
State of Missouri, Respondent. |
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 |
 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58891,
denied. |
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| SC83632 |
State of Missouri, Respondent,
vs. Charles D. Anglin, Appellant. |
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 |
 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58202,
denied. |
 |
| SC83633 |
Farmers' Electric Cooperative,
Inc., Respondent, vs. Missouri Department of Corrections,
Appellant. |
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 |
 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58424, sustained and cause
ordered transferred. |
 |
| SC83634 |
Dennis Paul Krider, Appellant,
vs. State of Missouri, Respondent. |
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 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58053,
denied. |
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| SC83635 |
Sentinel Acceptance, Ltd.,
L.P., Appellant, vs. Hodson Auto Sales & Leasing, Inc., Defendant, and Janet
L. Hodson, Respondent. |
 |
 |
 |
Respondent's application for
transfer from the Missouri Court of Appeals, No. WD58605,
denied. |
 |
| SC83636 |
Northgate Apartments, L.P.,
Appellant, vs. City of Kansas City, Missouri, Respondent. |
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 |
Respondent's application for
transfer from the Missouri Court of Appeals, No. WD58650, denied. Stith, J., not
participating. |
 |
| SC83637 |
Joseph Moreland, Jr.,
Appellant, vs. Helen Marie Farren-Davis, Respondent, William Davis and Karen
Davis, Defendants. |
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 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58536, sustained and cause
ordered transferred. Stith, J., not
participating. |
 |
| SC83638 |
L.R.M., Respondent, vs.
R.K.M., Appellant. |
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 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. ED77816, denied. Holstein, J.,
not participating. |
 |
| SC83639 |
Kenneth Hall, Respondent, vs.
Fru Con Construction Corp., Appellant. |
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 |
 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. ED78355,
denied. |
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| SC83640 |
Marc Bowen, Appellant, vs.
Missouri Department of Conservation and Jerry Conley, Director of the Missouri
Department of Conservation, Respondents. |
 |
 |
 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58711, denied. Stith, J., not
participating.
Respondents' application for transfer from the Missouri
Court of Appeals, No. WD58711, denied. Stith, J., not
participating. |
 |
| SC83641 |
Peter J. Bonanno, Appellant,
vs. State of Missouri, Respondent. |
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 |
 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58014,
denied. |
 |
| SC83642 |
Sondra Jean James, Respondent,
vs. Jack J. James, Appellant. |
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 |
 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. SD23360,
denied. |
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| SC83643 |
State of Missouri, Respondent,
vs. Chris K. Ritz, Appellant. |
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 |
 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58371,
denied. |
 |
| SC83644 |
Michelle Sandretto, Appellant,
vs. Darrin Todd Sandretto, Respondent. |
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 |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58115,
denied. |
 |
| SC83645 |
Felicia N. Robinson,
Appellant, vs. Health Midwest Development Group, d/b/a Lafayette Regional Health
Center, Respondent. |
 |
 |
 |
Respondent's application for
transfer from the Missouri Court of Appeals, No. WD58290, sustained and cause
ordered transferred. |
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| SC83647 |
Tammy Jean Callendar,
Respondent, vs. Director of Revenue, Appellant. |
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 |
 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58353, denied. Stith, J., not
participating. |
 |
| SC83648 |
State of Missouri, Respondent,
vs. Raymond D. White, Appellant. |
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 |
Respondent's application for
transfer from the Missouri Court of Appeals, No. WD57135, denied. Stith, J., not
participating. |
 |
| SC83653 |
State of Missouri, Respondent,
vs. Charles Caviness, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. SD23012,
denied. |
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| SC83656 |
Leroy Blackwell, Appellant,
vs. State of Missouri, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED77906,
denied. |
 |
| SC83657 |
Carl James, Appellant, vs.
State of Missouri, Respondent. |
 |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED77934,
denied. |
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| SC83658 |
Ivan Wilkerson, Appellant, vs.
State of Missouri, Respondent. |
 |
 |
 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. ED78085,
denied. |
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| SC83660 |
State of Missouri, Respondent,
vs. Crawford Times, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED77141,
denied. |
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| SC83662 |
State of Missouri, Respondent,
vs. Billy Williams, Appellant. |
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 |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED77151,
denied. |
 |
| SC83664 |
Gary Vanwinkle, Appellant, vs.
State of Missouri, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. SD23798,
denied. |
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| SC83665 |
State of Missouri ex rel.
Billy J. Brandon, Relator, vs. The Honorable David A. Dolan, Judge of the
Circuit Court of Scott County, Missouri, Respondent. |
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 |
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Respondent's application for
transfer from the Missouri Court of Appeals, No. SD23979,
denied. |
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| SC83666 |
Real Estate Investors Four,
Inc., f/k/a Nusrala Four, Inc., Respondent, vs. American Design Group, Inc.,
Appellant, and American Design Properties, Inc., Defendant. |
 |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED77614,
denied. |
 |
| SC83667 |
William Motley, Appellant, vs.
State of Missouri, Respondent. |
 |
 |
 |
Appellant's application for
transfer from the Missouri Court of Appeals, No. ED77247,
denied. |
 |
| SC83668 |
Thomas Wolfe, a/k/a Ragnar,
Appellant, vs. John Gramlich, d/b/a Summit Self Storage Company, et al.,
Respondents. |
 |
 |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58771,
denied. |
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| SC83669 |
Shawn C. Haynes, Appellant,
vs. State of Missouri, Respondent. |
 |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58886,
denied. |
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| SC83670 |
Randall Brown, Appellant, vs.
State of Missouri, Respondent. |
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Respondent's application for
transfer from the Missouri Court of Appeals, No. WD58341,
denied. |
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| SC83673 |
Dennis R. Zimmerman,
Appellant, vs. State of Missouri, Respondent. |
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 |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58556,
denied. |
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| SC83675 |
State of Missouri, Respondent,
vs. Jack E. Kohser, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. SD23707,
denied. |
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| SC83676 |
United Fire & Casualty
Company, Appellant, vs. Michelle Tharp, et al., Respondents. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. SD23606,
denied. |
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| SC83678 |
State of Missouri, Respondent,
vs. Marvin Stewart, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED77949,
denied. |
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| SC83679 |
Sebastian Rucci, Appellant,
vs. City of Eureka, Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED77496,
denied. |
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| SC83681 |
State of Missouri, Respondent,
vs. Phillip Rath, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. SD23706,
denied. |
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| SC83682 |
State of Missouri, Respondent,
vs. Nathan E. Hawkins, Appellant. |
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 |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED76820, sustained and cause
ordered transferred. |
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| SC83683 |
State of Missouri, Respondent,
vs. Jeff Davison, Appellant. |
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 |
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Respondent's application for
transfer from the Missouri Court of Appeals, No. WD58231, denied. Stith, J., not
participating. |
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| SC83685 |
Vicki Howell, individually and
representatively, Appellant, vs. Lone Star Industries, Inc.,
Respondent. |
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Respondent's application for
transfer from the Missouri Court of Appeals, No. ED78176,
denied. |
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| SC83686 |
E. Michael Wayland, Appellant,
vs. Nationsbank, N.A., Respondent. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED77836,
denied. |
 |
| SC83687 |
State of Missouri, Missouri
Department of Mental Health, and Southeast Missouri Mental Health Center,
Appellants, vs. Brian George, Respondent. |
 |
 |
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Appellants' application for
transfer from the Missouri Court of Appeals, No. SD24010,
denied. |
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| SC83688 |
State of Missouri, Respondent,
vs. Dmitri Bell, Appellant. |
 |
 |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED78032,
denied. |
 |
| SC83689 |
State of Missouri, Respondent,
vs. Louis Clark, Appellant. |
 |
 |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. ED77197,
denied. |
 |
| SC83690 |
Sandra W. Warner, Respondent,
vs. Charles H. Warner, Appellant. |
 |
 |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58469, denied. Stith, J., not
participating. |
 |
| SC83691 |
State of Missouri ex rel.
Wilbur M. Laulo, et al., Appellants, vs. Jonathan Selsor, et al.,
Respondents. |
 |
 |
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Appellants' application for
transfer from the Missouri Court of Appeals, No. ED78060,
denied. |
 |
| SC83693 |
State of Missouri, Respondent,
vs. Donnie L. Fisher, Appellant. |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58594,
denied. |
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| SC83694 |
Keith D. Washington,
Appellant, vs. State of Missouri, Respondent. |
 |
 |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58520,
denied. |
 |
| SC83696 |
Tyrone Williams, Appellant,
vs. State of Missouri, Respondent. |
 |
 |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58467, denied. Stith, J., not
participating. |
 |
| SC83697 |
Tracey L. Farmer-Cummings,
Appellant, vs. Future Foam, Inc., and Personnel Pool of Platte County,
Respondents. |
 |
 |
 |
Respondent Personnel Pool of
Platte County's application for transfer from the Missouri Court of Appeals, No.
WD58393 consolidated with WD58429, denied. |
 |
| SC83698 |
D.S. Sifers Corporation,
Appellant, vs. Leo Hallak, et al., Respondents. |
 |
 |
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Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58295,
denied. |
WRITS AND
OTHER ORIGINAL PROCEEDINGS
|
| SC83589 |
State ex rel. James M. Boxley,
Petitioner, vs. Bull Burgess, Superintendent, Maryville Treatment Center,
Respondent. |
 |
 |
 |
Petition for writ of habeas
corpus denied. Stith, J., not
participating. |
 |
| SC83601 |
State ex rel. St. Anthony's
Medical Center, Relator, vs. The Honorable Mark D. Seigel, Judge, Circuit Court
of St. Louis County, Missouri, Respondent. |
 |
 |
 |
Petition for writ of
prohibition denied. |
 |
| SC83596 |
State ex rel. Bruce A. Roath,
Petitioner, vs. Missouri Court of Appeals, Western District,
Respondent. |
 |
 |
 |
Petition for writ of mandamus
denied. |
 |
| SC83652 |
State ex rel. Ahmad M.
Hooshmand, M.D., and Jefferson City Medical Group, P.C., Relators, vs. The
Honorable Patricia Joyce, Respondent. |
 |
 |
 |
Petition for writ of
prohibition denied. |
 |
| SC83577 |
State ex rel. Derek Q. James,
Petitioner, vs. Kelly Lock, Superintendent, Respondent. |
 |
 |
 |
Petition for writ of habeas
corpus denied. |
 |
| SC81995 |
In re: Gwen G. Caranchini,
Petitioner. |
 |
 |
 |
Petition for reinstatement
denied. |
 |
| SC83646 |
State ex rel. James Dooley,
Petitioner, vs. The Honorable Mary Gruiman, Respondent. |
 |
 |
 |
Petition for writ of mandamus
denied. |
 |
| SC83677 |
State ex rel. Joseph Rodney
Spencer, Petitioner, vs. Mike Kemna and Jeremiah W. (Jay) Nixon, Attorney
General, Respondents. |
 |
 |
 |
Petition for writ of habeas
corpus denied. |
 |
| SC83695 |
State ex rel. Robert Mullaly,
Petitioner, vs. Michael Kemna, Respondent. |
 |
 |
 |
Petition for writ of habeas
corpus denied. |
MOTIONS
|
| SC82743 |
State of Missouri, Respondent,
vs. Bobby Joe Mayes, Appellant. |
 |
 |
 |
Appellant's motion to strike
respondent's assertions that Bobby never asserted his fifth amendment rights
ordered taken with the case.
Respondent's suggestions in opposition to
appellant's motion to strike respondent's assertions that Bobby never asserted
his fifth amendment rights and respondent's motion to strike the exhibits
attached to appellant's motion ordered taken with the
case.
|
 |
| SC76225 |
State of Missouri, Respondent,
vs. Jeffrey Lane Tokar, Appellant. |
 |
 |
 |
Appellant's motion to recall
the mandate overruled. White, J., not
participating. |
Day - to - Day,
________________________
William Ray Price, Jr.
Chief
Justice
The next regular
conference of Court en Banc will be on August 21, 2001.