State v. Perkins

The majority concludes that, when a motion for judgment of acquittal is denied at the close of the state’s case, and a defendant subsequently produces evidence in his own behalf, the defendant thereby waives appellate review of that denial. In other words, applying the so-called “waiver rule,” the majority concludes that appellate review encompasses all of the evidence at trial, including the evidence presented by the defendant. Although I agree with the majority’s conclusion that the waiver rule is constitutional, I cannot ignore the serious impact that the application of this rule will have…