Missouri Court of Appeals, Southern District / Jul 21, 2023
DAVID JAMES MILCENDEAU, Appellant v. STATE OF MISSOURI, Respondent
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.