DAVIE v. STATE (2025)

Missouri Court of Appeals, Western District.

Ronald L. DAVIE, Appellant, v. STATE of Missouri, Respondent.

WD 86491

Decided: February 19, 2025

Before Division Four: Anthony Rex Gabbert, Chief Judge, Presiding, Karen King Mitchell, Judge, Cynthia L. Martin, Judge

Damien S. De Loyola, Kansas City, MO, Counsel for Appellant. Nathan J. Aquino, Jefferson City, MO, Counsel for Respondent.

ORDER

Ronald Davie appeals the denial, after an evidentiary hearing, of his Rule 29.15 motion for post-conviction relief. He contends the motion court clearly erred in denying claims 8/9(a),(b),(c), and (d) of his Rule 29.15 motion and finding trial counsel did not render constitutionally ineffective assistance by failing to 1) request a legal ruling in limine on what capacity to consent means, 2) object to Dr. F.’s testimony and conclusion as irrelevant, 3) object to the prosecutor's argument regarding capacity and request a curative instruction, and 4) object to and submit a jury instruction that included a definition of capacity. We affirm. Rule 84.16(b).

Per Curiam:

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