Legal Opinion

Demarco McCrady, Movant/Appellant v. State of Missouri

Missouri Court of Appeals

Decided March 17, 2015No. ED101174PublishedCited by 14 opinions

1Opinion of the CourtPhilip M. Hess, Judge

Introduction

Demarco McCrady (Movant) appeals the denial of his Rule 29.15 motion for postcon-viction relief following an evidentiary hearing. Movant claims the motion court clearly erred in denying his motion because his trial counsel was ineffective for (1) failing to make an objection based on an alleged violation , of the Fifth Amendment privilege against self-incrimination; and (2) failing to request a lesser-included offense instruction for second-degree assault. We affirm.

Factual Background

Viewed in the light most favorable to the verdict, the evidence adduced at trial shows that on the…

2Cases cited17 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Zink v. StateSupreme Court of Missouri · 2009
  3. State v. ClaySupreme Court of Missouri · 1998
  4. State of Missouri v. Bruce PierceSupreme Court of Missouri · 2014
  5. Love v. StateSupreme Court of Missouri · 1984

12 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Watson v. StateSupreme Court of Missouri · 2017
  2. Jones v. StateMissouri Court of Appeals · 2017
  3. Hudson v. StateMissouri Court of Appeals · 2018
  4. Yaeger v. StateMissouri Court of Appeals · 2018
  5. CHRISTA E. MUELLER v. STATE OF MISSOURIMissouri Court of Appeals · 2022

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API