DAVID JAMES MILCENDEAU v. STATE OF MISSOURI

In Division DAVID JAMES MILCENDEAU, ) ) Appellant, ) No. SD37479 ) v. ) Filed: July 21, 2023 ) STATE OF MISSOURI, ) ) Respondent. ) APPEAL FROM THE CIRCUIT COURT OF PHELPS COUNTY Honorable John D. Beger, Judge AFFIRMED David James Milcendeau appeals the motion court's denial of his Rule 29.15 motion for post-conviction relief, following an evidentiary hearing.1 In his sole point, Milcendeau claims the motion court erred in denying his motion because his trial counsel2 was ineffective in failing to request a not-in-MAI3 instruction during the penalty phase of his trial, which would have…