Motion for leave to proceed in forma pauperis filed by respondent GRANTED. (orders list)

Petition DENIED. (orders list)

DISTRIBUTED for Conference of November 21, 2006.

Brief of respondent Vincent McFadden in opposition filed.

Motion for leave to proceed in forma pauperis filed by respondent.

Petition for a writ of certiorari filed. (Response due October 18, 2006)

Missouri, Petitioner, represented by Shaun J. Mackelprang

Vincent McFadden, Respondent, represented by Rosemary E. Percival