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Nickerson v. State

Defense counsel's failure to pursue a futile motion to suppress the victim's earring that the police found in defendant's bed did not constitute ineffective assistance.

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Marcus Lane Nickerson was tried and convicted of false imprisonment, criminal solicitation of sodomy, aggravated assault, and possession of less than one ounce of marijuana. The jury acquitted him of kidnapping, and the trial court sentenced him to serve a total of 29 years in prison. He appeals, asserting that the convictions should be reversed because he was not present during a pretrial motions hearing, and because his trial counsel was ineffective. For the reasons that follow, we affirm.

Viewed in the light most favorable to the verdict, the evidence at trial established that Nickerson approached the victim in a bar, bought her and her friend a beer, and struck up a conversation. When the victim walked out of the bathroom, Nickerson said he had to leave and asked her to walk him to his car to finish their conversation. The two walked to the far end of the parking lot, where Nickerson’s car was parked facing out. Nickerson got into the driver’s seat and opened the passenger door. The victim testified that she was leaning against the door, talking to Nickerson, when he suddenly grabbed her arm, pulled her inside, and drove off quickly, making the passenger door slam shut.

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