{"disclaimer":"This is a summary of public court records and is not legal advice. Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"david-james-milcendeau","displayName":"DAVID JAMES MILCENDEAU","totalCases":1},"cases":[{"caseId":"moappsd:sd37479:2023-07-21","opinionId":"b22c90a8-ea29-5db6-9cd2-e6ab6d438cee","slug":"david-james-milcendeau-appellant-v-state-of-missouri-respondent-d37479","caseName":"DAVID JAMES MILCENDEAU, Appellant\nv.\nSTATE OF MISSOURI, Respondent","caseNumber":"SD37479","court":"moappsd","courtLabel":"Missouri Court of Appeals, Southern District","decisionDate":"2023-07-21","year":2023,"display_summary":"David James Milcendeau appealed the denial of his Rule 29.15 motion for post-conviction relief, which alleged ineffective assistance of trial counsel. Milcendeau claimed his counsel failed to request a jury instruction during the penalty phase, requiring the jury to find prior criminal conduct by a preponderance of the evidence. The appellate court affirmed the motion court's judgment, concluding that counsel's performance was not deficient and Milcendeau failed to demonstrate prejudice.","primaryTopic":"criminal-procedure","topicSlugs":["criminal-procedure","jury-instructions","evidence","appellate-procedure","standard-of-review"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=197797","detailUrl":"https://ott.law/missouri-courts/opinions/david-james-milcendeau-appellant-v-state-of-missouri-respondent-d37479","relatedPracticeAreas":[{"slug":"criminal-law","label":"Criminal Law","href":"/practice-areas/criminal-law","score":38,"source":"tag","evidence":["tag: criminal-law","topic: criminal-procedure","text: state of missouri","text: conviction","text: criminal"],"url":"https://ott.law/practice-areas/criminal-law"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","evidence":["topic: jury-instructions","topic: evidence","topic: appellate-procedure"],"url":"https://ott.law/practice-areas/litigation"}],"role":"appellant"}]}