Murder Conviction Appealed in Nichols Case

Valdez Star Continued: "Murder Conviction Appealed in Nichols Case
By Lee Revis
Editor, Valdez Star
ANCHORAGE- Daniel Lee Nichols, who was convicted of First Degree Murder for the 2003 strangulation death of his mother, has filed an appeal on both his conviction and the length of his prison sentence.
The appeal lists eight points of contention on his trial and asks the Court of Appeals, which is a panel of three judges, to review whether or not the original trial contained errors that may have wrongly convicted Nichols or deprived him of a fair trial. The appeal also asks for a review on 'Whether the sentence of ninety-nine years with no possibility of parole for fifty years...was excessive.'
The process of an appeal varies in both the amount of time it takes to render a judgment and what the process will entail. Initially, both sides of the case, meaning Defense Attorney Abigail Sheldon and Prosecutor Richard Payne, will file briefs with the court outlining why the appeal should be granted or dismissed. The judges will then decide if oral arguments are merited after a careful review of the briefs. 'It could be months,' said Case Manager Mindi Johnson.
The eight points of contention in the appeal include whether the court erred in permitting evidence of prior bad acts of the defendant, the denial of the court for a change of venue before and during the trial and what Ms. Sheldon is calling 'permitting hearsay evidence and irrelevant evidence numerous times over repeated objections by defense.'
The defense is also asking for a review of whether it was proper to that Nichols was kept shackled at the ankles during the trial, though Judge Donald Hopwood went to great lengths to conceal that fact from jurors. The jury was never allowed into the court room unless Nichols was seated and his legs and feet were concealed under a table with a black cur"