State v. Main Jr.
Annotate this CaseDefendant appealed from the judgment and conviction of deliberate homicide, felony murder. At issue was whether the district court erred by denying defendant's motion to suppress and by denying defendant's motion to dismiss for insufficient evidence at the close of the State's case-in-chief. Also at issue was whether defendant was denied effective assistance of counsel. The court held that the district court's findings of fact, considering the totality of the circumstances, were not clearly erroneous, and its conclusions of law were correct where defendant's waiver was voluntarily, knowingly, and intelligently given. The court also held that the evidence was sufficient to permit the jury to find the elements of the crime had been committed beyond a reasonable doubt and therefore, the district court did not err in denying defendant's motion to dismiss for insufficient evidence. The court further held that defendant failed to demonstrate that his counsel was ineffective and the court declined to address certain related issues on appeal and to apply plain error review. Accordingly, the judgment was affirmed.
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