Millette v. State

The Supreme Court affirmed the judgment of the superior court denying Defendant’s application for postconviction relief in which Defendant argued that he had received ineffective assistance of counsel because his lawyer was not licensed to practice law in Rhode Island.Defendant pled nolo contendere to two criminal offenses and admitted to violating his probationary sentence. In his postconviction relief application, Defendant argued that he received ineffective assistance of counsel because his defense counsel, who was not licensed to practice law in Rhode Island, was engaging in unlawful conduct. Defendant further argued that his defense counsel’s associate, who was licensed in Rhode Island and who appeared in court with Defendant, was a “straw man” and thus complicit in the scheme to practice law without a license. The superior court denied the application. The Supreme Court affirmed, holding (1) the trial justice properly found that defense counsel’s associate, not defense counsel, represented Defendant with respect to his pleas; and (2) Defendant’s argument that defense counsel and the associate had a conflict of interest in representing Defendant lacked merit. View "Millette v. State" on Justia Law