State v. Nicks

I respectfully dissent. The majority remands this case to the posteonviction court for an evidentiary hearing on Appellant Nidjia Nicks’s ineffective assistance of trial counsel claim. In doing so, the majority fails to apply well-established law regarding posteonviction evidentiary hearings and claims of ineffective assistance of trial counsel. Applying our well-established law to the facts of this case, I conclude that (1) there is no need to grant a post-conviction evidentiary hearing because Nicks’s claim is based entirely on the trial record, and (2) when the posteonviction court’s…