Supreme Court of Missouri
en banc

April 26, 2005


OPINION BY WHITE, C.J.
SC86365 State ex rel. Ford Motor Company, Relator, vs. The Honorable W. Stephen Nixon, Respondent.
WRIT MADE ABSOLUTE AS MODIFIED. Wolff, Stith, Price, Teitelman and Limbaugh, JJ., and Burton, Sp.J., concur. Russell, J., not participating.




OPINION BY WOLFF, J.
SC86083 State of Missouri, Respondent, vs. Jeremy D. Pike, Appellant.
AFFIRMED. All concur.




OPINION BY LIMBAUGH, J.
SC86022 Scanwell Freight Express STL, Inc., Respondent, vs. Stevie Chan and Dimerco Express (U.S.A.) Corp., Appellants.
REVERSED AND REMANDED. White, C.J., Wolff, Stith, Price and Teitelman, JJ., and Sauer, Sp.J., concur. Russell, J., not participating.






OPINION BY RUSSELL, J.
SC86306 State of Missouri, Respondent, vs. Brandy Burrell, Appellant.
AFFIRMED. All concur.




OPINION BY BLACKMAR, SR.J.
SC86190 State of Missouri, Respondent, vs. James A. Beine, Appellant.
REVERSED AND REMANDED. White, C.J., Wolff and Teitelman, JJ., concur; Stith, J., concurs in part and dissents in part in separate opinion filed; Price and Limbaugh, JJ., concur in opinion of Stith, J. Russell, J., not participating.




PER CURIAM
SC85948 State of Missouri, Respondent, vs. Michael Hancock, Appellant.
AFFIRMED. All concur.







MOTIONS FOR REHEARING
SC86332 Hallmark Cards, Inc., Appellant, vs. Director of Revenue, Respondent.
Appellant's motion for rehearing overruled. Russell, J., not participating.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC86594 Melissa Elaine Pirisky, Appellant, vs. Adrian Dennis Meyer, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED84259, sustained and cause ordered transferred. Limbaugh, J., not participating.



SC86611 State ex rel. Mississippi Lime Company, Appellant, vs. Missouri Air Conservation Commission, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD63827, denied.



SC86668 Vance Brothers, Inc., Respondent, vs. Obermiller Construction Services, Inc., Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD62876, sustained and cause ordered transferred.



SC86669 State of Missouri ex rel. Bobby G. Larkin, Relator, vs. The Honorable Gary M. Oxenhandler, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD64321, denied.



SC86672 Patania Lasker, Respondent, vs. Clinton M. Johnson, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD63604, denied.



SC86674 State of Missouri, Respondent, vs. Brandon P. Messick, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD63460, denied.



SC86675 Virgil A. McCormack and Sandra McCormack, Appellants-Respondents, vs. Capital Electric Construction Company, Inc., Respondent-Appellant.
Respondent-Appellant's application for transfer from the Missouri Court of Appeals, No. WD62975 consolidated with WD62976 and WD63004, denied.



SC86676 Stephen Dorsch, Appellant-Respondent, vs. Family Medicine, Inc., et al., Respondents-Appellants.
Appellant-Respondent's application for transfer from the Missouri Court of Appeals, No. WD63050 and WD63058, denied.




SC86679 Frank Nease, Appellant, vs. Independent Living Resource Center, Inc. and Division of Employment Security, Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD63993, denied.



SC86684 Ricky J. Daugherty, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED84707, denied.

Appellant's motion to treat application for transfer as a writ of habeas corpus overruled as moot.



SC86691 State of Missouri, Respondent, vs. Calvin J. Williams, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD25919, denied.



SC86697 Deanna D. Vinson, Appellant, vs. Ray Vinson, Jr., Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED85716, denied.



SC86698 State of Missouri, Respondent, vs. Wayne Shoults, Jr., Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED84000, denied.


SC86696 William Federer, Appellant, vs. Richard A. Gephardt, et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED84697, denied. Russell, J., not participating.



SC86703 State of Missouri, Respondent, vs. Bobby McCuley, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED83281, denied.



SC86704 State of Missouri, Respondent, vs. Adrian Bowman, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED83457, denied.



SC86705 Mary Jill Gillespie, Appellant, vs. Estate of Michael G. McPherson, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED84110, denied.



SC86706 Demetrius N. Battle, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED84294, denied.





SC86707 State of Missouri, Respondent, vs. Vincent Greer, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED83662, denied.



SC86708 Joseph Becker, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED84141, denied.



SC86709 Norma Buttrey and Alfred Buttrey, Appellants, vs. Walter C. Boardwine, D.O., Mineral Area Regional Medical Center, and Sulzer Spine-Tech Surgical, Inc., Respondents.
Appellants' application for transfer from the Missouri Court of Appeals, No. ED84076 & ED84276, denied.



SC86713 James Milborn West, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD25771, denied.



SC86714 State of Missouri, Respondent, vs. Melvin Leroy Tyler, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD65037, denied.




SC86715 The Masonic Temple Association of St. Louis, Appellant, vs. Compass Square & Star, Inc., et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED85210 & ED85320, denied.



SC86716 Theodore J. Hoffman and Deborah L. Hoffman, Appellants, vs. Union Electric Company, d/b/a AmerenUE, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED84331, sustained and cause ordered transferred.



SC86717 Maurice Gletzer, Respondent, vs. Amos Harris, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED84367, denied.



SC86721 Ronald Courtway, Dana Decker, and Linda Prater, Respondents, vs. Douglas Brand, Jr., Respondent, vs. Cheryl Jordan, Appellant.
Respondent Douglas Brand, Jr.'s application for transfer from the Missouri Court of Appeals, No. ED84237, denied.



SC86726 James T. Edgar, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD65134, denied.




SC86727 James Washington, Jr., Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED84629, denied.

Appellant's motion for appointment of pro bono counsel overruled as moot.

Appellant's motion for appointment of pro bono attorney overruled as moot.



WRITS AND OTHER ORIGINAL PROCEEDINGS
SC86576 State ex rel. Daniel W. Foster, Relator, vs. Chuck Dwyer, Superintendent, et al., Respondents.
Petition for writ of habeas corpus denied.

Relator's request for a preliminary writ and appointment of counsel and special master overruled as moot.



SC86654 State ex rel. Marlin Gray, Petitioner, vs. Donald Roper, Superintendent, Potosi Correctional Center, Respondent.
Petition for writ of habeas corpus denied.



SC86635 State ex rel. Kareem Ozier, Petitioner, vs. Chuck Dwyer, Superintendent, and Jeremiah Nixon, Attorney General, Respondents.
Petition for writ of habeas corpus denied.




SC86655 State ex rel. Timothy J. Walk, Petitioner, vs. Michael Bowersox, Respondent.
Petition for writ of habeas corpus denied.

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

Petitioner's motion for production of documents overruled as moot.



SC86685 State ex rel. The Kansas City Southern Railway Company, and Gateway Western Railway Company, Relators, vs. The Honorable Michael P. David, Respondent.
Petition for writ of mandamus, or, in the alternative, petition for writ of prohibition sustained. Alternative writ ordered to issue returnable to Court en Banc within thirty days.



SC86686 State ex rel. Tranda Conley, Relator, vs. The Honorable Mark H. Neill, Respondent.
Petition for writ of prohibition denied.



SC86639 State ex rel. Daryl Inge, Petitioner, vs. Donald P. Roper, Respondent.
Petition for writ of habeas corpus denied.






SC86693 State ex rel. James Gilbert Strickland, Petitioner, vs. Steven E. Moore, Superintendent, Respondent.
Petition for writ of habeas corpus denied.



SC86694 State ex rel. Blue Springs R-IV School District, Relator, vs. The Honorable W. Stephen Nixon, Respondent.
Petition for writ of prohibition denied.



SC86695 State ex rel. Laurie Dean, Relator, vs. The Honorable Jon A. Cunningham, Respondent.
Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc within thirty days.



SC86646 State ex rel. Ronnell Mottley, Petitioner, vs. Jim Moore, Superintendent, and The Honorable James R. Hartenbach, et al., Respondents.
Petition for writ of habeas corpus denied.




SC86680 State ex rel. Don'e J. White, Petitioner, vs. Chuck Dwyer, Superintendent, and Jeremiah Nixon, Attorney General, Respondents.
Petition for writ of habeas corpus denied.



SC86701 State ex rel. Brian Walker, Relator, vs. The Honorable Vernon E. Scoville, Respondent.
Petition for writ of mandamus denied.



SC86376 In re: John Edward Cash, Petitioner.
Petition for reinstatement for non-payment denied.



SC86718 State ex rel. Community Blood Center of Greater Kansas City, et al., Relators, vs. The Honorable W. Stephen Nixon, Respondent.
Petition for writ of prohibition denied.



SC86719 State ex rel. Lucent Technologies Inc., Relator, vs. The Honorable Nancy L. Schneider, Respondent.
Petition for writ of prohibition denied.







MOTIONS
SC86251 In re: Eric E. Vickers, Petitioner.
Informant's motion to dismiss reinstatement application overruled. White, C.J., not participating.


SC85771 State ex rel. Lawrence Dale Spidle, Petitioner, vs. State of Missouri, Respondent.
Petitioner's motion to recall mandate for writ of mandamus overruled.


SC85868 State of Missouri, Respondent, vs. Murlin Phillips, Appellant.
Appellant's motion for leave to file an addendum record and case ordered taken with the case.


SC86543 Richard Kunkel, Appellant, vs. Anheuser Busch, Inc., et al., Respondents.
Respondents' motion for reconsideration or, alternatively, to strike brief of Amicus Curiae overruled. Russell, J., not participating.





Day - to - Day,


____________________________________
William Ray Price, Jr., Acting Chief Justice



The next regular conference of Court en Banc will be on May 31, 2005.