where-the-trial-court-has-erred-and-abused-its-discretion

QUESTIONS PRESENTED 1. Where the trial court has erred and abused its discretion in overruling defendant's motion to suppress his statements to police, and in admitting that evidence at trial over counsel's objection, and by their own admission the officers did not stop defendant on reasonable suspicion or probable cause that he had committed a crime, and thus, defendant's statements under interrogation were both the "fruit of the poisonous tree" and the only evidence supporting a finding of second degree murder, so that a manifest injustice resulted therefrom. Has prejudice been shown? 2. Where the trial court has erred and abused its discretion in overruling defendant's motion for judgment of acquittal at the close of the evidence, and in pronouncing judgment and sentence against him for second degree murder upon the jury's verdict, because there was insufficient evidence to prove beyond a reasonable doubt the essential element of the crime that defendant believed Matthew Cook intended to kill Sean Crow nor that it was a likely result of driving Cook to Advance, Missouri. Has prejudice been shown? 3. Where defense counsel fails to investigate and call a favorable witness to testify, as defendant's codefendant, Matthew Cook had made statements during a police interview that exonerated defendant of any knowledge and/or fault. Has prejudice been shown? (i) | | ; , ee