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DUKE v. STATE

No. ED 78173.

42 S.W.3d 841 (2001)

Michael W. DUKE, Movant/Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied April 19, 2001.

Application to Transfer Denied May 29, 2001.

Attorney(s) appearing for the Case

Mark A. Grothoff, Asst. Public Defender, St. Louis, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Lisa Sutherland, Asst. Atty. Gen., Jefferson City, MO, for respondent.

Before ROBERT G. DOWD, Jr., P.J., and MARY RHODES RUSSELL and RICHARD B. TEITELMAN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 19, 2001.

ORDER

PER CURIAM.

Michael W. Duke (Movant) appeals the denial of his Rule 29.15 motion for postconviction relief. Movant contends the motion court erred (1) in denying his postconviction motion because Movant's trial counsel was ineffective in his failure to call Movant's mother and Barbara Yarbough whose testimony would have established justification for Movant's actions...

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