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BOLEY v. STATE

No. WD 62792.

127 S.W.3d 715 (2004)

James J. BOLEY, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

March 2, 2004.

Attorney(s) appearing for the Case

Mark A. Grothoff, Columbia, for appellant.

Andrea K. Spillars, Jefferson City, for respondent.

Before LOWENSTEIN, P.J., EDWIN H. SMITH and HOWARD, JJ.

ORDER

PER CURIAM.

Movant James Boley's Rule 29.15 motion, based on failure of trial counsel to call a witness who would have testified that Movant's actions were under duress, was denied by the motion court. The Court of Appeals affirmed the judgment holding the Movant failed to carry his burden of showing the element that he had no legal alternative, which would have been effective in abating the alleged danger. Affirmed....

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