State v. Hrbek

CARTER, Justice

(dissenting).

I dissent. I am not able to determine on the present record that under all potential circumstances, including both that which is known and that which is unknown, counsel’s performance was not within the range of normal competency. Accordingly, I am not willing so to declare at this time. For this reason and also because the present case requires an evidentiary hearing in the district court in any event, I would affirm the judgment and relegate defendant to such remedies, if any, as may be available to him under our postconviction relief statutes.