State v. Motley

• Court: Missouri Court of Appeals
• Citation: State v. Motley, 75 S.W.3d 775 (Mo. App. 2002)
• Decision Date: 12 March 2002
• Docket Number: No. WD 58789.,WD 58789.
• Parties: STATE of Missouri, Appellant, v. Scott MOTLEY, Respondent.

75 S.W.3d 775

STATE of Missouri, Appellant, v. Scott MOTLEY, Respondent.

No. WD 58789.

Missouri Court of Appeals, Western District.

March 12, 2002.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 30, 2002.

Application for Transfer Denied June 25, 2002.

Appeal from the Circuit Court of Boone County; Frank Conley, Judge.

John M. Schilmoeller, Asst. Public Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Dora A. Fichter, Asst. Attorney General, for respondent.

Before LISA WHITE HARDWICK, Presiding Judge, WILLIAM E. TURNAGE, Senior Judge, and JOHN I. MORAN, Senior Judge.

ORDER

Appellant Scott T. Motley appeals his conviction by jury of one count of second-degree burglary, first-degree murder, and armed criminal action. He raises three points on appeal. First, he contends that the trial court erred by excluding the testimony of two witnesses regarding hearsay statements made by Dennis Summers, another individual connected with the crime, which Motley contends should have been admitted under the doctrine of Chambers v. Mississippi, 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973). Second, Motley argues that the trial court erred in denying his motion to suppress several statements. He claims that these statements were not voluntary, because they were made during extended periods of questioning during which he was allegedly deprived of rest, food, and/or sleep. For his third allegation of error, Motley claims that the trial court...