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State of Missouri v. Christopher Dunn
Date: 12-10-1992
Case Number: 2292P-02822
Judge: Michael Byron Calvin
Court: Circuit Court, St. Louis City, Missouri
Plaintiff's Attorney: St. Louis City Missouri district Attorney's Office and the Missouri Attorney General's Office
Defendant's Attorney: Not available
Description:
Justice Went to Hell in St. Louis, Missouri when a criminal defense lawyer unsuccessfully defended the Defendant charged with a murder he did not commit.
Chstiopher Dunn, age 52 was accused of shooting and killing Ricco Rogers, age 15.
The only evidence that Dunn was the shooter was the testimony of two teenage boys who later recanted.
Dunn claimed he was watching TV with his mother.
The Missouri Court of Appeals found:
A jury found Christopher Dunn guilty of first degree murder, in violation of § 565.020.1 RSMo 1986, two counts of first degree assault, in violation of § 565.050 RSMo 1986, and three counts of armed criminal action, in violation of § 571.015 RSMo 1986. The trial court found him to be a prior and persistent offender and sentenced him to life imprisonment without parole on the first degree murder count, thirty years imprisonment on each of the assault counts, and ten years on each of the armed criminal action counts, all sentences to be served consecutively.
Dunn filed a pro se motion for post-conviction relief under Rule 29.15. His appointed attorney filed a statement that she had investigated "all allegations raised by movant in addition to those in movant's pro se motion" and concluded there were no additional grounds to be raised in an amended motion. The motion court denied the pro se motion after an evidentiary hearing. Dunn appeals On his direct appeal Dunn contends that the trial court erred in overruling his Batson 1 motion without requiring the state to give reasons for its strikes. He also contends the court erred in overruling his objection to the state's comments in voir dire and plainly erred in not declaring a mistrial sua sponte with respect to the state's comments in closing argument. He further challenges the reasonable doubt instruction and grand and petit jury panel selection. We remand the case to the trial court for further proceedings on the Batson motion and deny the remaining points.
both the judgment of the trial court and the order of the motion court.
In his appeal from the order of the motion court, Dunn asserts that the motion court erred in failing to inquire sua sponte into counsel's reasons for not filing an amended motion, in failing to make factual findings and legal conclusions on all issues raised in his pro se motion, and in adopting the state's proposed findings verbatim. Dunn also contends the motion court erred in denying his motion for post-conviction relief after an evidentiary hearing because he was denied his right to effective assistance of counsel in that his attorney failed to investigate and call certain alibi witnesses. We affirm the order of the motion court.
Chstiopher Dunn, age 52 was accused of shooting and killing Ricco Rogers, age 15.
The only evidence that Dunn was the shooter was the testimony of two teenage boys who later recanted.
Dunn claimed he was watching TV with his mother.
The Missouri Court of Appeals found:
A jury found Christopher Dunn guilty of first degree murder, in violation of § 565.020.1 RSMo 1986, two counts of first degree assault, in violation of § 565.050 RSMo 1986, and three counts of armed criminal action, in violation of § 571.015 RSMo 1986. The trial court found him to be a prior and persistent offender and sentenced him to life imprisonment without parole on the first degree murder count, thirty years imprisonment on each of the assault counts, and ten years on each of the armed criminal action counts, all sentences to be served consecutively.
Dunn filed a pro se motion for post-conviction relief under Rule 29.15. His appointed attorney filed a statement that she had investigated "all allegations raised by movant in addition to those in movant's pro se motion" and concluded there were no additional grounds to be raised in an amended motion. The motion court denied the pro se motion after an evidentiary hearing. Dunn appeals On his direct appeal Dunn contends that the trial court erred in overruling his Batson 1 motion without requiring the state to give reasons for its strikes. He also contends the court erred in overruling his objection to the state's comments in voir dire and plainly erred in not declaring a mistrial sua sponte with respect to the state's comments in closing argument. He further challenges the reasonable doubt instruction and grand and petit jury panel selection. We remand the case to the trial court for further proceedings on the Batson motion and deny the remaining points.
both the judgment of the trial court and the order of the motion court.
In his appeal from the order of the motion court, Dunn asserts that the motion court erred in failing to inquire sua sponte into counsel's reasons for not filing an amended motion, in failing to make factual findings and legal conclusions on all issues raised in his pro se motion, and in adopting the state's proposed findings verbatim. Dunn also contends the motion court erred in denying his motion for post-conviction relief after an evidentiary hearing because he was denied his right to effective assistance of counsel in that his attorney failed to investigate and call certain alibi witnesses. We affirm the order of the motion court.
Outcome:
Defendant was found guilty and was sentenced to life in prison without parole.
Dun spent 33 years in prison for a crime he did not commit.
Dun spent 33 years in prison for a crime he did not commit.
Plaintiff's Experts:
Defendant's Experts:
Comments:
Digested by
Kent Morlan
About This Case
What was the outcome of State of Missouri v. Christopher Dunn?
The outcome was: Defendant was found guilty and was sentenced to life in prison without parole. Dun spent 33 years in prison for a crime he did not commit.
Which court heard State of Missouri v. Christopher Dunn?
This case was heard in Circuit Court, St. Louis City, Missouri, MO. The presiding judge was Michael Byron Calvin.
Who were the attorneys in State of Missouri v. Christopher Dunn?
Plaintiff's attorney: St. Louis City Missouri district Attorney's Office and the Missouri Attorney General's Office. Defendant's attorney: Not available.
When was State of Missouri v. Christopher Dunn decided?
This case was decided on December 10, 1992.