DAVIE v. STATE (2025)

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: