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Supreme Court of
Missouri
en banc
October 20, 1998
en banc
October 20, 1998
OPINION BY LIMBAUGH, J.
80775
State ex rel. John Young, Respondent, vs. City of St. Charles, Appellant.
WRIT QUASHED. Benton, C.J., Price, Covington, Holstein and Wolff, JJ., and Spinden, Sp.J., concur. White, J., not participating.
OPINION BY COVINGTON, J.
80744
State of Missouri, Respondent, vs. Robert Burns, Appellant.
REVERSED AND REMANDED. All concur.
OPINION BY HOLSTEIN, J.
80269
State of Missouri, Respondent, vs. Christopher W. Gilyard, Appellant.
AFFIRMED. Benton, C.J., Price and Covington, JJ., concur; Limbaugh, J., dissents in separate opinion filed; White and Wolff, JJ., concur in opinion of Limbaugh, J.
OPINION BY WOLFF, J.
80769
Wallace Cotton, Appellant, vs. Viva Wise, Respondent.
REVERSED AND REMANDED. All concur.
OPINION BY PER CURIAM
80704
Farmers’ Electric Cooperative, Inc., Appellant, vs. Missouri Department of Corrections and City of Cameron, Missouri, Respondents.
AFFIRMED IN PART; REVERSED IN PART; REMANDED. All concur.
OPINION BY PER CURIAM
80917
Community Title Co., Appellant, vs. Stewart Title Guaranty Co., Respondent.
REVERSED AND REMANDED. All concur.
MOTIONS FOR REHEARING
80691
Dennis Wayne Emery, Respondent/Cross-Appellant, vs. Wal-Mart Stores, Inc., Appellant/Cross-Respondent.
Appellant’s motion for rehearing overruled. Benton, C.J., Covington and Wolff, JJ., not participating.
80637
J.A.D., Appellant, vs. F.J.D., III, and Guardian Ad Litem, Respondents.
Appellant’s motion for rehearing overruled. Benton, C.J., not participating.
APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
81111
State of Missouri, Respondent, vs. Brian Cosby, Appellant.
Brian Cosby, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, Eastern District Nos. 69759 & 72558, denied.
81112
City of St. Louis, Respondent, vs. Joseph Hughes, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 72378, denied.
81114
Missouri Division of Child Support Enforcement and J.D.J., Individually and as Next
Friend of C.J., Appellants, v. T.J. and G.L.T., Respondents.
Respondent G.L.T.'s application for transfer from the Missouri Court of Appeals, Eastern District No. 73176, sustained and cause ordered transferred.
81115
Vicki Schneider, as Personal Representative of the Estate of Carolyn Schneider, Deceased, Appellant, vs. G. Guilliams, Inc., and C & S Heating and Cooling, Inc., Respondents.
Respondent G. Guilliams, Inc.'s application for transfer from the Missouri Court of Appeals, Eastern District No. 72417, denied. Respondent C & S Heating and Cooling, Inc.’s application for transfer from the Missouri Court of Appeals, Eastern District No. 72417, denied.
81116
Frank K. Carlson, d/b/a Carlson & Hellman, Respondent, vs. Frederick J. Peet, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73369, denied.
81117
Kenneth Huth, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73164, denied.
81118
State of Missouri, Respondent, vs. Paul M. Allen, Jr., Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73394, denied.
81119
Kelley C. Silvey and John Steven Silvey, partners, d/b/a Silvey Egg Company and Silvey Egg Ranch, Appellants, vs. Mallinckrodt, Inc., a foreign corporation, et al., Respondents.
Respondents' application for transfer from the Missouri Court of Appeals, Eastern District No. 73051, denied.
81120
Alan Rell, Appellant, vs. Burlington Northern Railroad Company, et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 72998, denied.
81121
City of Eureka, Appellant, vs. Mid-America Health Care Limited Partnership, et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73265, denied.
81122
State of Missouri, Respondent, vs. William E. Motley, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 72723, denied.
81125
Farmers Insurance Company, Respondent, vs. David McFarland, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, Western District No. 54948, denied.
81126
K.M. Skalecki and Thomas Dempsey, Respondents, vs. Mark H. Small, Jr., et al., Appellants, Ronald Carpenter, Respondent.
Appellants' application for transfer from the Missouri Court of Appeals, Southern District No. 22073, denied. Price, J., not participating.
81128
Patrick D. Bear, Appellant, vs. Anson Implement, Inc., and Second Injury Fund, Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 54837, denied.
81132
Andres Aldana, Appellant, vs. The Kansas City Star, et al., Respondents, Second Injury Fund, Defendant.
Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 55022, denied.
81133
Herbert J. Heinen, Appellant, vs. Police Personnel Board of Jefferson City, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 54665, denied.
81134
State of Missouri, Respondent, vs. Kendall Rogers, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 54343, denied.
81135
State of Missouri, ex rel. Midwest Gas Users' Association, Appellant, vs. Public Service Commission of the State of Missouri, Respondent, Missouri Gas Energy, Intervenor-Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 53810, denied. Price, J., not participating.
81136
State ex rels. Midwest Gas Users' Association and Office of the Public Counsel, Appellants, vs. Public Service Commission of the State of Missouri, Respondent, Laclede Gas Company, et al., Intervenor-Respondent.
Appellant Midwest Gas Users' Association's application for transfer from the Missouri Court of Appeals, Western District No. 53811, denied. Price, J., not participating.
Appellant Office of the Public Counsel’s application for transfer from the Missouri Court of Appeals, Western District No. 53811, denied. Price, J., not participating.
81137
State of Missouri, Respondent, vs. Byron East, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 53637, denied.
81141
State of Missouri, Respondent, vs. Andrew Cella, et al., Appellants.
Respondent's application for transfer from the Missouri Court of Appeals, Eastern District No. 72054, denied.
Appellant’s (Dorset Gant) motion to dismiss “Motion for Transfer” due to noncompliance with Rule 83.04(b) and false statement of law overruled as moot.
81151
State ex rel. City of Berkeley, et al., Relators, vs. The Honorable Patrick Clifford, in his official capacity as Associate Circuit Judge of the Twenty-First Judicial Circuit, presiding over cause No. 98CC2582 pending in said Court, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, Eastern District No. 74778, denied.
81160
Sharon Sansonetti, et al., Appellants, vs. City of St. Joseph, Missouri, Frank Till, Respondents, Sabas Hernandez-Gonzalez, Defendant, Allstate Insurance Company, Steve Manville, Respondents.
Appellants’ application for transfer from the Missouri Court of Appeals, Western District No. 55113, denied.
WRITS AND OTHER ORIGINAL PROCEEDINGS
80850
State ex rel. Robert Dale Gallimore, Jr., Petitioner, vs. Dave Dormire, et al., Respondents.
Petitioner’s motion for appointment of counsel and request for evidentiary hearing overruled.
Respondent’s motion to quash this Court’s order directing the Circuit Court to conduct a pre-transfer hearing sustained.
80980
State ex rel. Stewart L. Gray, Petitioner, vs. Lynda Bryant, Acting Superintendent, Algoa Correctional Center, Respondent.
1) Petition for writ of habeas corpus denied.
2) Petitioner’s application for bond pending appeal denied.
81113
State ex rel. James Bain, et al., Relators, vs. The Honorable Robert H. Dierker, Jr., Circuit Judge, Circuit Court of the City of St. Louis, Division One, State of Missouri, Respondent.
Petition for writ of prohibition denied.
81098
State ex rel. Robert Jones, Petitioner, vs. Lynda Bryant, Acting Supt., Algoa Correctional Center, et al., Respondents.
Petition for writ of habeas corpus denied without prejudice pursuant to Missouri Supreme Court Rule 84.22(a).
81059
George Poole, Petitioner, vs. James Purkett, Supt., Farmington C.C., et al., Respondents.
Petition for writ/motion to proceed in civil actions in four units denied.
81061
State ex rel. Bliss Weeks, Petitioner, vs. Mike Kemna, Cranston Mitchell, Chairman, Missouri Parole Board, et al., Respondents.
Petition for remedial writ denied.
81100
State ex rel. Willie Stevenson, Petitioner, vs. State of Missouri, et al., Respondents.
Petition for writ of habeas corpus denied.
81124
State ex rel. Bobby Ray Conaway, Relator, vs. Missouri Court of Appeals, Southern District of Missouri, Respondent.
Petition for writ of mandamus or alternative writ of prohibition denied.
81099
State ex rel. William A. McLaughlin, Petitioner, vs. Lynda Taylor, Respondent.
Petition for writ of habeas corpus denied.
81142
State ex rel. Ronald Damery, Relator, vs. Honorable John J. Riley, Judge, 22nd Judicial Circuit, Respondent.
Petition for writ of mandamus denied.
81147
Randy Crews, Petitioner, vs. Pemiscot County Circuit Court, Division 2, Respondent.
Petition for writ of mandamus denied without prejudice pursuant to Missouri Supreme Court Rule 84.22(a).
81129
State ex rel. Rickie Joyner, Petitioner, vs. Kelly Lock, Supt., Central Missouri Correctional Center, Respondent.
Petition for writ of habeas corpus denied.
81159
State ex rel. Larry Henderson, Petitioner, vs. State of Missouri, Respondent.
Petition for writ of habeas corpus denied.
81106
State ex rel. Everett C. Morning, Petitioner, vs. Lynda Bryant, Superintendent, Algoa Correctional Center, Respondent.
Petition for writ of habeas corpus denied without prejudice pursuant to Missouri Supreme Court Rule 84.22(a).
81166
State ex rel. Kenneth W. Kleiman, Relator, vs. Honorable Robert S. Cohen, Presiding Judge, Division 1, St. Louis County Circuit Court, Respondent.
Petition for writ of prohibition, or alternatively, for writ of mandamus denied.
81149
State ex rel. Timothy Ray Schleeper, Relator, vs. The Honorable Robert Lee Campbell, St. Louis County Circuit Court Judge, Respondent.
Petition for writ of prohibition denied.
81144
State ex rel. John Marzette, Petitioner, vs. Mike Kemna and Attorney General Jeremiah (Jay) Nixon, Respondents.
Petition for writ of habeas corpus denied.
MOTIONS
62595
State of Missouri, Respondent, vs. David Edwards, Appellant.
Appellant’s motion to recall mandate overruled.
Day - to - Day,
Duane Benton, Chief Justice
The next regular conference of Court en Banc will be November 24, 1998.
80775
State ex rel. John Young, Respondent, vs. City of St. Charles, Appellant.
WRIT QUASHED. Benton, C.J., Price, Covington, Holstein and Wolff, JJ., and Spinden, Sp.J., concur. White, J., not participating.
OPINION BY COVINGTON, J.
80744
State of Missouri, Respondent, vs. Robert Burns, Appellant.
REVERSED AND REMANDED. All concur.
OPINION BY HOLSTEIN, J.
80269
State of Missouri, Respondent, vs. Christopher W. Gilyard, Appellant.
AFFIRMED. Benton, C.J., Price and Covington, JJ., concur; Limbaugh, J., dissents in separate opinion filed; White and Wolff, JJ., concur in opinion of Limbaugh, J.
OPINION BY WOLFF, J.
80769
Wallace Cotton, Appellant, vs. Viva Wise, Respondent.
REVERSED AND REMANDED. All concur.
OPINION BY PER CURIAM
80704
Farmers’ Electric Cooperative, Inc., Appellant, vs. Missouri Department of Corrections and City of Cameron, Missouri, Respondents.
AFFIRMED IN PART; REVERSED IN PART; REMANDED. All concur.
OPINION BY PER CURIAM
80917
Community Title Co., Appellant, vs. Stewart Title Guaranty Co., Respondent.
REVERSED AND REMANDED. All concur.
MOTIONS FOR REHEARING
80691
Dennis Wayne Emery, Respondent/Cross-Appellant, vs. Wal-Mart Stores, Inc., Appellant/Cross-Respondent.
Appellant’s motion for rehearing overruled. Benton, C.J., Covington and Wolff, JJ., not participating.
80637
J.A.D., Appellant, vs. F.J.D., III, and Guardian Ad Litem, Respondents.
Appellant’s motion for rehearing overruled. Benton, C.J., not participating.
APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
81111
State of Missouri, Respondent, vs. Brian Cosby, Appellant.
Brian Cosby, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, Eastern District Nos. 69759 & 72558, denied.
81112
City of St. Louis, Respondent, vs. Joseph Hughes, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 72378, denied.
81114
Missouri Division of Child Support Enforcement and J.D.J., Individually and as Next
Friend of C.J., Appellants, v. T.J. and G.L.T., Respondents.
Respondent G.L.T.'s application for transfer from the Missouri Court of Appeals, Eastern District No. 73176, sustained and cause ordered transferred.
81115
Vicki Schneider, as Personal Representative of the Estate of Carolyn Schneider, Deceased, Appellant, vs. G. Guilliams, Inc., and C & S Heating and Cooling, Inc., Respondents.
Respondent G. Guilliams, Inc.'s application for transfer from the Missouri Court of Appeals, Eastern District No. 72417, denied. Respondent C & S Heating and Cooling, Inc.’s application for transfer from the Missouri Court of Appeals, Eastern District No. 72417, denied.
81116
Frank K. Carlson, d/b/a Carlson & Hellman, Respondent, vs. Frederick J. Peet, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73369, denied.
81117
Kenneth Huth, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73164, denied.
81118
State of Missouri, Respondent, vs. Paul M. Allen, Jr., Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73394, denied.
81119
Kelley C. Silvey and John Steven Silvey, partners, d/b/a Silvey Egg Company and Silvey Egg Ranch, Appellants, vs. Mallinckrodt, Inc., a foreign corporation, et al., Respondents.
Respondents' application for transfer from the Missouri Court of Appeals, Eastern District No. 73051, denied.
81120
Alan Rell, Appellant, vs. Burlington Northern Railroad Company, et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 72998, denied.
81121
City of Eureka, Appellant, vs. Mid-America Health Care Limited Partnership, et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73265, denied.
81122
State of Missouri, Respondent, vs. William E. Motley, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 72723, denied.
81125
Farmers Insurance Company, Respondent, vs. David McFarland, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, Western District No. 54948, denied.
81126
K.M. Skalecki and Thomas Dempsey, Respondents, vs. Mark H. Small, Jr., et al., Appellants, Ronald Carpenter, Respondent.
Appellants' application for transfer from the Missouri Court of Appeals, Southern District No. 22073, denied. Price, J., not participating.
81128
Patrick D. Bear, Appellant, vs. Anson Implement, Inc., and Second Injury Fund, Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 54837, denied.
81132
Andres Aldana, Appellant, vs. The Kansas City Star, et al., Respondents, Second Injury Fund, Defendant.
Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 55022, denied.
81133
Herbert J. Heinen, Appellant, vs. Police Personnel Board of Jefferson City, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 54665, denied.
81134
State of Missouri, Respondent, vs. Kendall Rogers, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 54343, denied.
81135
State of Missouri, ex rel. Midwest Gas Users' Association, Appellant, vs. Public Service Commission of the State of Missouri, Respondent, Missouri Gas Energy, Intervenor-Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 53810, denied. Price, J., not participating.
81136
State ex rels. Midwest Gas Users' Association and Office of the Public Counsel, Appellants, vs. Public Service Commission of the State of Missouri, Respondent, Laclede Gas Company, et al., Intervenor-Respondent.
Appellant Midwest Gas Users' Association's application for transfer from the Missouri Court of Appeals, Western District No. 53811, denied. Price, J., not participating.
Appellant Office of the Public Counsel’s application for transfer from the Missouri Court of Appeals, Western District No. 53811, denied. Price, J., not participating.
81137
State of Missouri, Respondent, vs. Byron East, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 53637, denied.
81141
State of Missouri, Respondent, vs. Andrew Cella, et al., Appellants.
Respondent's application for transfer from the Missouri Court of Appeals, Eastern District No. 72054, denied.
Appellant’s (Dorset Gant) motion to dismiss “Motion for Transfer” due to noncompliance with Rule 83.04(b) and false statement of law overruled as moot.
81151
State ex rel. City of Berkeley, et al., Relators, vs. The Honorable Patrick Clifford, in his official capacity as Associate Circuit Judge of the Twenty-First Judicial Circuit, presiding over cause No. 98CC2582 pending in said Court, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, Eastern District No. 74778, denied.
81160
Sharon Sansonetti, et al., Appellants, vs. City of St. Joseph, Missouri, Frank Till, Respondents, Sabas Hernandez-Gonzalez, Defendant, Allstate Insurance Company, Steve Manville, Respondents.
Appellants’ application for transfer from the Missouri Court of Appeals, Western District No. 55113, denied.
WRITS AND OTHER ORIGINAL PROCEEDINGS
80850
State ex rel. Robert Dale Gallimore, Jr., Petitioner, vs. Dave Dormire, et al., Respondents.
Petitioner’s motion for appointment of counsel and request for evidentiary hearing overruled.
Respondent’s motion to quash this Court’s order directing the Circuit Court to conduct a pre-transfer hearing sustained.
80980
State ex rel. Stewart L. Gray, Petitioner, vs. Lynda Bryant, Acting Superintendent, Algoa Correctional Center, Respondent.
1) Petition for writ of habeas corpus denied.
2) Petitioner’s application for bond pending appeal denied.
81113
State ex rel. James Bain, et al., Relators, vs. The Honorable Robert H. Dierker, Jr., Circuit Judge, Circuit Court of the City of St. Louis, Division One, State of Missouri, Respondent.
Petition for writ of prohibition denied.
81098
State ex rel. Robert Jones, Petitioner, vs. Lynda Bryant, Acting Supt., Algoa Correctional Center, et al., Respondents.
Petition for writ of habeas corpus denied without prejudice pursuant to Missouri Supreme Court Rule 84.22(a).
81059
George Poole, Petitioner, vs. James Purkett, Supt., Farmington C.C., et al., Respondents.
Petition for writ/motion to proceed in civil actions in four units denied.
81061
State ex rel. Bliss Weeks, Petitioner, vs. Mike Kemna, Cranston Mitchell, Chairman, Missouri Parole Board, et al., Respondents.
Petition for remedial writ denied.
81100
State ex rel. Willie Stevenson, Petitioner, vs. State of Missouri, et al., Respondents.
Petition for writ of habeas corpus denied.
81124
State ex rel. Bobby Ray Conaway, Relator, vs. Missouri Court of Appeals, Southern District of Missouri, Respondent.
Petition for writ of mandamus or alternative writ of prohibition denied.
81099
State ex rel. William A. McLaughlin, Petitioner, vs. Lynda Taylor, Respondent.
Petition for writ of habeas corpus denied.
81142
State ex rel. Ronald Damery, Relator, vs. Honorable John J. Riley, Judge, 22nd Judicial Circuit, Respondent.
Petition for writ of mandamus denied.
81147
Randy Crews, Petitioner, vs. Pemiscot County Circuit Court, Division 2, Respondent.
Petition for writ of mandamus denied without prejudice pursuant to Missouri Supreme Court Rule 84.22(a).
81129
State ex rel. Rickie Joyner, Petitioner, vs. Kelly Lock, Supt., Central Missouri Correctional Center, Respondent.
Petition for writ of habeas corpus denied.
81159
State ex rel. Larry Henderson, Petitioner, vs. State of Missouri, Respondent.
Petition for writ of habeas corpus denied.
81106
State ex rel. Everett C. Morning, Petitioner, vs. Lynda Bryant, Superintendent, Algoa Correctional Center, Respondent.
Petition for writ of habeas corpus denied without prejudice pursuant to Missouri Supreme Court Rule 84.22(a).
81166
State ex rel. Kenneth W. Kleiman, Relator, vs. Honorable Robert S. Cohen, Presiding Judge, Division 1, St. Louis County Circuit Court, Respondent.
Petition for writ of prohibition, or alternatively, for writ of mandamus denied.
81149
State ex rel. Timothy Ray Schleeper, Relator, vs. The Honorable Robert Lee Campbell, St. Louis County Circuit Court Judge, Respondent.
Petition for writ of prohibition denied.
81144
State ex rel. John Marzette, Petitioner, vs. Mike Kemna and Attorney General Jeremiah (Jay) Nixon, Respondents.
Petition for writ of habeas corpus denied.
MOTIONS
62595
State of Missouri, Respondent, vs. David Edwards, Appellant.
Appellant’s motion to recall mandate overruled.
Day - to - Day,
Duane Benton, Chief Justice
The next regular conference of Court en Banc will be November 24, 1998.