Wilkes v. State
Annotate this CaseAfter a jury trial, Defendant was found guilty of deliberate homicide and sentenced to forty years in prison. Defendant later filed an amended petition for post-conviction relief, claiming that he received ineffective assistance of counsel and that he had discovered new evidence warranting a new trial. The district court denied Defendant’s petition without holding an evidentiary hearing. The Supreme Court affirmed, holding (1) the district court failed adequately to address Defendant’s newly discovered evidence claim, and the error was not harmless; and (2) the district court erred by determining, on this record, that Defendant did not receive ineffective assistance of counsel because the court misapprehended the law and misapprehended the effect of Defendant’s evidence.
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