State v. Keener - No. 20070252/265 & 20080016
Case Summary
Asa and Laurie Keener appeal after a jury found they were guilty of criminal conspiracy.
Asa and Laurie Keener were charged with criminal conspiracy, exploitation of a vulnerable adult, a class B felony, and criminal conspiracy, theft of property, a class B felony. The defendants were accused of taking more than $100,000 from Laurie Keener's elderly parents, Marvin and Florence Whisker. Both parties were represented by the same attorney. Before trial, Marvin and Florence Whisker were deposed, and these depositions were later admitted into evidence at trial. Asa and Laurie Keener were tried together, and a jury found they were guilty. Both defendants were sentenced to ten years in prison, with five years suspended. A restitution hearing was held, and both defendants were ordered to pay more than $100,000 in restitution.
On appeal, Asa Keener argues his trial counsel was ineffective because the attorney represented both parties and the attorney's duty to Asa Keener conflicted with his duty to Laurie Keener, the district court erred because it failed to inquire about the propriety of joint representation and to personally advise each defendant of the right to separate representation, and it was plain error to allow the admission of deposition testimony.
Laurie Keener argues she received ineffective assistance of counsel, the district court's decision to admit deposition testimony was clearly erroneous and violated her constitutional right to confront and cross-examine witnesses, and the court abused its discretion in awarding restitution.