Robledo-Kinney v. State

PAGE, Justice

(concurring).

I concur in the result. I write separately to add that Kinney’s claim of ineffective assistance of counsel fails even if he is not barred from raising the claim on a petition for postconviction relief. To establish a claim of ineffective assistance of counsel, a criminal defendant must demonstrate (1) that his counsel’s representation fell below an objective standard of reasonableness and (2) a reasonable probability that the outcome would have been different but for counsel’s errors. Strickland v. Washington, 466 U.S. 668, 687-88, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); State v. Ture, 632 N.W.2d 621, 632 (Minn.2001). In light of the evidence presented at trial, Kinney cannot establish that his testimony would have produced a different result.