Missouri Court of Appeals, Western District / Apr 26, 2022
Andrew Keith Stark vs. State of Missouri
Andrew Keith Stark appealed the denial of his Rule 29.15 post-conviction motion, alleging ineffective assistance of trial and appellate counsel. Stark claimed counsel failed to challenge the State's last-minute amendment to the felony murder charge, which added "immediate flight therefrom." The appellate court affirmed the motion court's denial, concluding that the amendment did not prejudice Stark's substantial rights because his planned defense remained available and the predicate offense already included flight as an element.