People v. McDowell

Opinion by

Judge CASEBOLT.

Defendant, Charles William McDowell, appeals the order denying his Crim. P. 85(c) postconviction motion. He contends that the postconviction court erred when, after concluding that the evidence raised a presumption that he was improperly subjected to an interrogation style held unconstitutional in Missouri v. Seibert, 542 U.S. 600, 124 S.Ct. 2601, 159 L.Ed.2d 648 (2004), it denied relief on his outrageous governmental conduct claim because it concluded that Seibert was not retroactively applicable to his case. He also asserts that the court erred in denying a hearing…