Facts:  Petitioner Caleb Nichols was convicted of possession of methamphetamine in the Superior Court for Spokane County after a search of his person following a traffic stop revealed methamphetamine.  Nichols appealed his conviction, asserting that the traffic stop was pretextual and that he had received ineffective assistance of counsel when his attorney failed to challenge its legality.  The Washington Court of Appeals affirmed Nichols’ conviction.  Nichols appealed this decision to the Supreme Court of Washington.

Question(s):  Was Nichols’ attorney ineffective in failing to challenge the legality of the traffic stop that led to the discovery of the methamphetamine on Nichols’ person?

Conclusion:   Justice Madsen’s opinion for a unanimous Court affirmed the Washington Court of Appeals, concluding that Nichols’ attorney was not ineffective in failing to challenge the legality of the traffic stop insofar as the stop was not pretextual.  In particular, although the police officer that made the stop noted that the automobile was being driven in a suspicious manner, the immediate reason for the stop was the driver’s commission of several traffic violations.

Docket No. 78497-3 (from Court of Appeals Division III Case No. 23732-0)

Petitioner: Caleb Nichols

(Counsel: Carol A. Elewski)

Respondent: State of Washington

(Counsel: Kevin Michael Korsmo and Andrew J. Metts III)

Argument: Thursday, March 15, 2007 9:00am

[Source: TVW, http://tvw.org]

Decided: Thursday, July 19th, 2007

Prevailing Party: State of Washington (Respondent)

Vote: 9-0

Citation: Pending

Court: Alexander3 Court (2005-2007)

Alexander

Johnson

Madsen

Sanders

Bridge

Chambers

Owens

Fairhurst

Johnson