Ivey v. State

McDEVITT, Justice.

STATEMENT OF THE CASE

On May 20, 1991, the petitioner, Benjamin David Ivey, was sentenced to death by the district court for the first degree murder of Marlene Friesen. Immediately following sentence, the public defender, Mr. Van Bishop, filed a petition for post-conviction relief on behalf of petitioner. The trial’ court subsequently appointed Lamarr Kofoed to represent Ivey on the petition, because the basis of the petition was a claim of ineffective assistance of counsel. Mr. Kofoed filed an amended petition on August 1, 1991. The State’s response, filed August 23, 1991,…