Jordan Dwayne Nichols v. State
14-15-00259-CR
| Tex. App. | Sep 18, 2015Background
- On May 7, 2012 Jordan Nichols (age 18) was stopped by Pearland officer T.W. Madrid after exiting a Food Town parking lot; officer smelled marijuana, Nichols admitted a bag in the console, and a search produced 0.06 oz of marijuana.
- Nichols pled guilty on August 23, 2012 to a reduced misdemeanor (possession of drug paraphernalia) after completing a drug-awareness class; punishment: $500 fine.
- Nichols filed a post-conviction habeas writ (Sept. 16, 2014) arguing his plea was involuntary because trial counsel failed to identify and advise him about a meritorious Fourth Amendment suppression issue (that exiting a private parking lot without signaling is not a traffic offense). The trial court denied relief and adopted the State’s findings.
- At the writ hearing, trial counsel’s file contained research addressing turn-signal rules for public highways/intersections but not the controlling issue: whether a vehicle leaving private property and entering a public highway must signal. Counsel admitted he did not research the relevant Transportation Code provision or State v. Ballman.
- Nichols testified he relied on counsel’s advice and would not have accepted the plea if he had known a suppression motion would likely succeed; appellant argues counsel’s failure to investigate and advise rendered the plea involuntary and constituted ineffective assistance under Strickland/Hill.
Issues
| Issue | Plaintiff's Argument (Nichols) | Defendant's Argument (State/Trial Counsel) | Held |
|---|---|---|---|
| Whether counsel was ineffective for failing to identify and research the correct legal issue (private-drive turn-signal rule) before advising plea | Counsel failed to investigate controlling law (e.g., §545.104/§542.001 and Ballman), so advice to plead was objectively deficient | Counsel contends he researched and followed relevant case law and made a tactical judgment to accept plea; he believed municipal ordinance supported stop | Trial court denied relief (adopted State findings); appellant argues record shows counsel missed the controlling issue and thus performance was deficient |
| Whether the traffic stop was unlawful because failing to signal when leaving private property is not a traffic offense | Nichols: stop lacked legal basis; a suppression motion would have excluded the marijuana and likely succeeded | State: officer observed a failure to signal and smelled marijuana; stop was justified | Nichols contends Ballman and Transportation Code establish no traffic offense occurred; trial court rejected writ but appellant appeals that denial |
| Whether counsel’s deficient performance prejudiced Nichols’ decision to plead | Nichols: would not have pled if informed of meritorious suppression issue; reasonable probability of different outcome | State: insists plea was voluntary and counsel’s advice was within competence | Appellant claims Hill/Strickland prejudice standard met because plea was induced by incomplete advice |
| Whether an appellate court should defer to trial court credibility findings when record shows counsel failed to investigate controlling law | Nichols: trial-court factual findings not entitled to deference where unsupported by the record (Welborn/Wiggins principles) | State: trial court credited counsel’s testimony and denied relief | Appellant argues legal conclusions reviewable de novo and record supports finding of ineffective assistance; trial court’s denial is erroneous |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-part test for ineffective assistance of counsel: deficient performance and prejudice)
- Hill v. Lockhart, 474 U.S. 52 (1985) (application of Strickland to guilty pleas; defendant must show reasonable probability he would not have pleaded guilty but for counsel's errors)
- Whren v. United States, 517 U.S. 806 (1996) (reasonableness of traffic stops under Fourth Amendment)
- State v. Ballman, 157 S.W.3d 65 (Tex. App.—Fort Worth 2004) (failure to signal from private parking lot did not establish probable cause for a traffic stop)
- Ex parte Welborn, 785 S.W.2d 391 (Tex. Crim. App. 1990) (counsel's strategy must be informed by a reasonable factual and legal investigation)
- Melton v. State, 987 S.W.2d 72 (Tex. App.—Dallas 1998) (failure to investigate before advising guilty plea can constitute ineffective assistance)