Ken v. State

VOIGT, Justice,

concurring in part and dissenting in part, in which GOLDEN, Justice, joins.

[¶39] I join in Justice Golden's opinion concurring in part and dissenting in part. I write separately with a few additional comments.

[¶40] First, I agree with Justice Golden that trial counsel was not ineffective for failing to file a motion for new trial. There are two salient facts that should be the focus of this inquiry: First, as noted in the majority opinion, defense counsel's motion for judgment of acquittal was denied because the district court believed there was sufficient evidence from which a…