Duke v. State

James Duke (Duke) appeals from an order denying his amended Rule 29.15 motion to set aside his convictions for first-degree murder and armed criminal action (ACA) after an evidentiary hearing. See §§ 565.020, 571.015.1 Procedurally, Duke questions the timeliness of the amended motion. Substantively, he contends the motion court clearly erred in denying the claim that trial counsel was ineffective for failing to "call an expert in developmental psychology to aid in his defense." Because we conclude that the amended motion was timely filed and that Duke's single point lacks merit, we affirm.

In…