Onken v. State

LOWENSTEIN, Judge.

The appellant Ray Dean Onken was convicted by a jury of murder in the second degree as defined by § 565.004, RSMo 1978,1 and was sentenced to 35 years in prison. Onken directly appealed to this court, which upheld the conviction. State v. Onken, 701 S.W.2d 518 (Mo.App.1985).2 Onken then moved for postconviction relief under Rule 29.15. His motion was denied, and this appeal followed.

On appeal Onken argues that the motion court erred in denying his motion for post-conviction relief because: (1) he was denied due process rights guaranteed by the Fifth and Fourteenth Amendments…