Ineffective Assistance of Counsel – Sentencing

Listen to this article

WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Michael James Nichols

Case No.: 2015AP947-CR; 2015AP948-CR; 2015AP949-CR

Officials: Higginbotham, Reilly and Gundrum, JJ.

Focus: Ineffective Assistance of Counsel – Sentencing

Michael Nichols was charged with felony possession of a narcotic, heroin, stemming from a search of a motor vehicle in which Nichols was a passenger. He was also charged in two separate cases with felony bail jumping and failure to report to jail. The three cases were consolidated in the circuit court for plea and sentencing purposes and were also consolidated on appeal. Nichols entered guilty pleas to the felony possession of heroin charge in 2007, and guilty pleas to felony bail jumping and failure to report to jail at a separate hearing in 2012. Nichols seeks to withdraw his guilty plea only to the felony possession of heroin charge for a “fair and just reason” because his initial defense counsel, Joshua Klaff, provided ineffective assistance of counsel in failing to file a motion to suppress evidence, specifically the heroin. He also seeks resentencing on the felony bail jumping charge and the failure to report to jail charge by a different court and with a different prosecutor because his due process rights were violated at the sentencing hearing. For the reasons that follow, we conclude that Nichols has not demonstrated that the circuit court erroneously exercised its discretion in denying Nichols’ postconviction motion to withdraw his guilty plea to the heroin charge nor has he demonstrated a right to resentencing on the felony bail jumping and failure to report charges. We affirm

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.