State v. Motley

PUDLOWSKI, Judge.

The defendant Fred Motley (hereinafter Defendant) killed Dennis Binion (victim). Defendant was found guilty by a jury of second degree murder. Defendant appeals conviction and judgment denying his post-conviction motion without an evidentiary hearing. Defendant’s conviction of second degree murder is affirmed and the motion court’s denial of defendant’s Rule 29.15 motion is affirmed.

The crucial evidence implicating the defendant was the testimony of Cleddus Dunlap (Dunlap), an eyewitness. Dunlap, upon direct examination, asserted his fifth amendment right against…