Ken v. State

A jury convicted Varo Ken of attempted first degree murder and aggravated assault. The Supreme Court remanded the case to the district court for an evidentiary hearing on Ken's claim that counsel was ineffective. On remand, the district court concluded that Ken was prejudiced by counsel's failure to timely file a motion for a new trial because, had counsel timely filed the motion, the court would have granted it on the ground that the attempted first degree murder conviction was contrary to the weight of the evidence and may have resulted in a miscarriage of justice. After the case returned to the Supreme Court for consideration of the issues Ken presented in his appeal, the Court (1) held that Ken satisfied his burden to show ineffective assistance of counsel, and (2) reversed the attempted murder conviction and remanded the case for a new trial on that charge. View "Ken v. State" on Justia Law