who was nicole titlow lawyer

by Cortez Smitham Published 2 years ago Updated 2 years ago 10 min read

Fred Toca

What happened to Nicole Titlow after she was convicted?

Feb 06, 2022 · February 6, 2022 Ewatomi Fasalejo Crime 0. Nicole Vonlee Titlow is a middle-aged woman who is presently serving a 20-40 year jail term for the second-degree murder of her uncle, Don Rogers, in the G. Robert Cotton Correctional Facility. Nicole’s account was the only evidence against Billie Jean, and she wasn’t arrested until June.

Who is Nicole Vonlee Titlow?

Aug 12, 2000 · Nicole Vonlee Titlow is a middle-aged woman who is presently serving a 20-40 year jail term for the second-degree murder of her uncle, Don Rogers, in the G. Robert Cotton Correctional Facility. Nicole’s account was the only evidence against Billie Jean, and she wasn’t arrested until June.

What is the significance of the case of Titlow v Rogers?

Jan 17, 2012 · Titlow and Billie were arrested on first-degree murder charges in January 2001. The State decided to try them separately for their involvement in …

Why did Titlow withdraw her plea in Michigan?

Dec 11, 2003 · STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED December 11, 2003 Plaintiff-Appellee, v No. 241285 Oakland Circuit Court LC No. 2001-177745-FC VONLEE NICOLE TITLOW, Defendant-Appellant. Before: Cavanagh, P.J., and Jansen and O’Connell, JJ. PER CURIAM.

What happened to Titlow after she pleaded guilty?

After her plea withdrawal, Titlow was placed on trial for murder. Her lawyer, however, did no investigation in the case before representing her in trial nor did he contact her previous lawyer. In addition as a retainer fee he obtained some legal rights to Titlow's biography, creating a conflict of interest.

Who killed Billie Rogers' husband?

Vonlee Titlow and Billie Rogers were arrested for the murder of Rogers' husband (Titlow's uncle). Titlow poured vodka down her uncle's throat while her aunt smothered him with a pillow. Rogers then paid her niece $100,000 for assistance and the promise to remain quiet. Even though Titlow did not actually participate in the murder of her uncle, ...

Overview

Background

Vonlee Titlow and Billie Rogers were arrested for the murder of Rogers' husband (Titlow's uncle). Titlow poured vodka down her uncle's throat while her aunt smothered him with a pillow. Rogers then paid her niece $100,000 for assistance and the promise to remain quiet. Even though Titlow did not actually participate in the murder of her uncle, she could be found guilty of murder through the felony murder rule.

Trial

State appeal

Removing Toca as counsel Titlow appealed to the Michigan Court of Appeals. She argued that Toca had advised her to withdraw her plea without doing any research on her case therefore providing her with ineffective counsel. The Appeals Court rejected her argument, stating that her withdrawal of the plea bargain started with her conversation with the sheriff's deputy, not Toca. The Court stated "[w]hen a defendant proclaims…innocence…, it is not objectively unreasonable t…

District Court

The District Court rejected Titlow's argument and the Michigan Courts decision was "completely reasonable". It made the point that "counsel could not be ineffective by trying to negotiate a better plea agreement…". Titlow appealed.

Appeals Court

The Court of Appeals for the Sixth Circuit reversed the District Court's ruling. It found in the record that Titlow's decision to withdraw her offer was based on the fact that the offer was much higher than Michigan's guidelines for second-degree murder. The record also shows that there is no indication that Toca informed his client of the consequences of withdrawing her plea. Therefore, she was rendered ineffective counsel because Titlow lost the benefit of the plea bargain.

Decision of the court

The court held unanimously, with Justice Alito writing for the majority. The Court reversed the Sixth Circuit arguing that the Appellate Court had not applied the doubly differential standard. Under this standard federal courts must give credit to the State Court's factual findings so long as it was reasonable.
Alito makes the point that where there is a record the defendant adamantly asserted her innoce…

External links

• Text of Burt v. Titlow, 571 U.S. 12 (2013) is available from: CourtListener Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
• http://www.scotusblog.com/2013/10/a-messy-follow-up-to-lafler-and-frye-can-fun-facts-produce-good-law/
• http://www.scotusblog.com/2013/11/opinion-analysis-court-says-more-about-federal-habeas-review-than-ineffective-assistance-in-plea-bargaining/