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McNEAL v. STATE

No. WD 74159.

380 S.W.3d 654 (2012)

Harry J. McNEAL, Jr., Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

October 2, 2012.

Attorney(s) appearing for the Case

Susan L. Hogan , Appellate Defender, Kansas City, MO, for Appellant.

Chris Koster , Attorney General, Dora A. Fichter , Assistant Attorney General, Jefferson City, MO, for Respondent.

Before Division Three: VICTOR C. HOWARD, Presiding Judge, and KAREN KING MITCHELL and CYNTHIA L. MARTIN, Judges.

Order

PER CURIAM:

Harry McNeal appeals the denial, after an evidentiary hearing, of his Rule 29.151 motion for post-conviction relief. McNeal argues that counsel provided ineffective assistance by failing to file a motion to dismiss his case on the theory that the seventeen-year delay between the crime and his indictment resulted in a violation of his right to due process pursuant to the Fifth Amendment. We affirm....

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