Kinney v. State

Although I concur in Division 1, I respectfully dissent with respect to Division 2 and remand of this case to the trial court.

Appellant contends that he was denied his rights under the State and Federal constitutions to effective assistance of counsel in that the public defender failed to seek suppression of the State’s evidence. However, the issue is foreclosed in this appeal.

The precise date that new appellate counsel entered the case is unclear. Assuming that he entered the case on August 2, the date he filed the notice of appeal, there still remained approximately two weeks before the end…