Miller v. State, 764 S.E.2d 823 (Ga. 2014). · Go Syfert
Miller v. State, 764 S.E.2d 823 (Ga. 2014). Cases Citing This Book View Copy Cite
41 citation events (41 in the last 25 years) across 2 distinct courts.
Strongest positive: Hart v. State (ga, 2025-06-24)
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015 2020 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) Hart v. State
Ga. · 2025 · confidence medium
See Castillo-Velasquez v. State, 305 Ga. 644, 651-52 (3) ( 827 SE2d 257 ) (2019) (ineffective assistance claim failed where trial counsel correctly recognized that the State could have sought to admit unfavorable portions of the medical records under the rule of completeness had counsel sought to introduce only the favorable portions); Miller v. State, 296 Ga. 9, 12 (4) (a) ( 764 SE2d 823 ) (2014) (trial counsel’s strategic decision not to call a witness that could have opened the door to harmful evidence did not amount to ineffective assistance). (c) Hart also asserts that her trial counsel…
discussed Cited as authority (rule) McDuffie v. State
Ga. · 2015 · confidence medium
In fact, Agent Barron could have testified that Appellant had admitted to being present at the crime scene and that *116 it was Appellant’s initial false statement to law enforcement that led to the arrest of Harris, who was held almost five months before being released. [Decisions about which witnesses to call at trial “are matters of trial strategy and tactics, and such strategic and tactical decisions do not amount to deficient performance unless they are so unreasonable that no competent attorney would have made them under similar circumstances.” Miller v. State, 296 Ga. 9, 12 ( 764 …
discussed Cited as authority (rule) Herrington v. the State
Ga. Ct. App. · 2015 · confidence medium
See Bragg v. State, 295 Ga. 676, 677, n. 3 ( 763 SE2d 476 ) (2014). 10 Kitchens v. State, 289 Ga. 242, 243 (2) ( 710 SE2d 551 ) (2011) (citation omitted). 11 Odie v. State, 331 Ga. App. 146, 150-151 (2) ( 770 SE2d 256 ) (2015). 12 See Clenney v. State, 229 Ga. 561, 564 (4) ( 192 SE2d 907 ) (1972) (citing Gideon v. Wainwright, 372 U. S. 335 ( 83 SCt 792 , 9 LE2d 799) (1963), and Burgett v. Texas, 389 U. S. 109, 115 ( 88 SCt 258 ,19 LE2d 319) (1967), the Court held that evidence of the appellant’s previous convictions, in which he was denied the benefit of counsel, cannot be used against him e…
examined Cited as authority (rule) The State v. Reynolds (4×) also: Cited "see"
Ga. Ct. App. · 2015 · confidence medium
VI (“In all criminal prosecutions, the accused shall enjoy the right to... have the Assistance of Counsel for his defence.”); Georgia Const. Art. 1, § 1, ¶ XIV (“Every person charged with an offense against the laws of this state shall have the privilege and benefit of counsel.. . .”). 6 See State v. Shelton, 329 Ga. App. 582, 583 ( 765 SE2d 732 ) (2014) (noting that the trial court granted a motion for a new trial based on the special ground of ineffective assistance of counsel); Lowe v. State, 241 Ga. App. 335, 337 (3) ( 526 SE2d 634 ) (1999) (characterizing a motion for a new tria…
discussed Cited as authority (rule) Arbegast v. the State
Ga. Ct. App. · 2015 · confidence medium
Therefore, “there is no reasonable probability that the failure of [Arbegast’s] lawyer to object to [this] testimony affected the outcome of the trial.” Miller v. State, 296 Ga. 9, 13 (4) (b) ( 764 SE2d 823 ) (2014) (citations omitted).
cited Cited as authority (rule) Roberts v. State
Ga. · 2015 · confidence medium
Hites v. State, supra, citing Miller v. State, 296 Ga. 9, 12 (4) (a) ( 764 SE2d 823 ) (2014).
cited Cited as authority (rule) Roberts v. State
Ga. · 2015 · confidence medium
Hites v. State, supra, citing Miller v. State, 296 Ga. 9, 12 (4) (a) ( 764 SE2d 823 ) (2014).
cited Cited as authority (rule) Hites v. State
Ga. · 2015 · confidence medium
Miller v. State, 296 Ga. 9, 12 (4) (a) ( 764 SE2d 823 ) (2014).
cited Cited as authority (rule) Hites v. State
Ga. · 2015 · confidence medium
Miller v. State, 296 Ga. 9, 12 (4) (a) ( 764 SE2d 823 ) (2014).
cited Cited as authority (rule) Jones v. State
Ga. · 2015 · confidence medium
Miller v. State, 296 Ga. 9, 12 (4) (a) ( 764 SE2d 823 ) (2014).
cited Cited as authority (rule) Jones v. State
Ga. · 2015 · confidence medium
Miller v. State, 296 Ga. 9, 12 (4) (a) ( 764 SE2d 823 ) (2014).
discussed Cited "see" Roseboro v. State (2×)
Ga. · 2020 · signal: see · confidence high
See McDuffie v. State, 298 Ga. 112, 115-116 ( 779 SE2d 620 ) (2015) (concluding that appellant had “not shown that his trial counsel’s strategic decision not to call” the lead investigator was “entirely unreasonable” where trial counsel testified at the motion for new trial hearing that the decision not to call the investigator was strategic because “case agents are generally more harmful than helpful to the defense” and she was able to impeach the witness on cross-examination). “[D]ecisions about which witnesses to call at trial ‘are matters of trial strategy and tactics, an…
discussed Cited "see" Brown v. State (2×)
Ga. · 2019 · signal: see · confidence high
See Miller v. State, 296 Ga. 9 (4) (b) ( 764 SE2d 23 823) (2014) (trial counsel not ineffective for failing to object to hearsay testimony where it was cumulative of other testimony already before the jury).
discussed Cited "see" Parrott v. the State (2×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See further cases cited in footnote 5, supra. 9 Facison v. State, 152 Ga. App. 645, 647 (1) ( 263 SE2d 523 ) (1979); see Sawyer v. State, 161 Ga. App. 479, 482 (1) ( 288 SE2d 108 ) (1982) (“[W]hen the killing is claimed to have been done on account of a reasonable fear in the mind of the slayer, threats accompanied by menaces, though the latter do not amount to an actual assault, may in some instances be sufficient to arouse the fears of a reasonable man that his life is in danger or that a felony is about to be perpetrated upon him.”) (citations omitted); Suggested Pattern Jury Instructio…
examined Cited "see, e.g." Pepe-Frazier v. State (3×)
Ga. Ct. App. · 2015 · signal: see, e.g. · confidence medium
See, e.g., Miller v. State, 296 Ga. 9, 12 (4) (b) ( 764 SE2d 823 ) (2014) (holding that any deficiency in counsel’s failure to object to alleged hearsay testimony that repeated statement of witness regarding identity of murder perpetrator did not prejudice defendant, and thus was not ineffective assistance, when testimony was cumulative of other eyewitness testimony); Maurer v. State, 320 Ga. App. 585, 592 (6) (b) ( 740 SE2d 318 ) (2013) (holding that any deficiency in failure to object to hearsay did not prejudice defendant when testimony was cumulative of other evidence).
Retrieving the full opinion text from the archive…
Miller
v.
the State
S14A0878.
Supreme Court of Georgia.
Oct 20, 2014.
764 S.E.2d 823
Charles H. Frier, for appellant., Paul L. Howard, Jr., District Attorney, Paige Reese Whitaker, Joshua D. Morrison, Assistant District Attorneys, Samuel S. Olens, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Michael A. Oldham, Assistant Attorney General, for appellee.
Blackwell.
Cited by 20 opinions  |  Published
Blackwell, Justice.

Eric Miller was tried by a Fulton County jury and convicted of murder and the unlawful possession of a firearm during the commission of a felony, both in connection with the fatal shooting of Luther Williams. Miller appeals, contending that the trial court erred when it admitted certain evidence, and arguing as well that he was denied the effective assistance of counsel. Upon our review of the record and briefs, we see no error, and we affirm. [1]

1. Viewed in the light most favorable to the verdict, the evidence shows that Miller encountered Williams at an Atlanta apartment[*10] complex on the evening of July 31, 2006. The two men argued about money — Miller claimed that Williams was indebted to Miller — and in the course of that argument, Miller pulled out a handgun, fired into the ground, and began to chase Williams, firing additional shots at Williams as they ran. Eventually, Miller stopped, took aim, and shot Williams in the back of his head. Williams died as a result of his gunshot wound. Two eyewitnesses — both of whom knew Miller personally — identified Miller as the shooter, and Miller confessed to his girlfriend that he shot Williams after they argued about money. Miller does not dispute that the evidence is legally sufficient to sustain his convictions, but consistent with our usual practice in murder cases, we have independently reviewed the evidence to assess its sufficiency. We conclude that the evidence was legally sufficient to authorize a rational trier of fact to find beyond a reasonable doubt that Miller was guilty of the crimes of which he was convicted. See Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SCt 2781, 61 LE2d 560) (1979).

2. Miller contends that the trial court erred when it permitted a police officer to testify that investigators identified someone known as “Little E” as a suspect in the shooting. Officer Shaun Houston, the first police officer to respond to the scene of the shooting, testified at trial, and when he started to mention what a civilian at the scene had said, Miller objected on hearsay grounds, and the trial court sustained the objection. Later, Houston testified that investigators identified a suspect in the course of their investigation. The prosecuting attorney then asked Houston whether the investigators had “[gotten] a name,” and Miller again objected. At that point, the trial court cautioned the prosecuting attorney to tread carefully, and the prosecuting attorney then rephrased his question, asking Houston about the identity of the person suspected at that time by investigators. Houston responded: “The suspect [went by an] alias [of] ‘Little E.’We had nothing else to go on.” Miller did not object to the rephrased question, nor to the testimony that Houston gave in response to it. Miller now argues, however, that the testimony about the identification of “Little E” as a suspect implied that witnesses at the scene had identified “Little E” as the shooter, that it amounts to hearsay, and that its admission was reversible error.

Miller is wrong for several reasons. First, he did not object to the testimony about which he now complains, and he has failed to[*11] preserve the issue for appeal. See Durham v. State, 292 Ga. 239, 240 (2) (734 SE2d 377) (2012). Second, even if Miller had objected, Officer Houston did not say or necessarily imply that any witness had identified “Little E,” only that investigators considered “Little E” a suspect. Cf. McKenzie v. State, 271 Ga. 47, 48 (2) (518 SE2d 404) (1999). Finally, even to the extent that Houston implied by his testimony that a witness had identified “Little E” as the shooter, any error in the admission of that testimony would have been harmless. Not only did Houston never testify that any witness had identified “Little E” as the shooter, but he also never testified that Miller was known as “Little E.” Accordingly, nothing that Houston said “directly inculpated” Miller. See id. An eyewitness to the shooting testified at trial that “Little E” was the shooter, and other witnesses identified Miller as “Little E.” Moreover, eyewitnesses specifically identified Miller as the shooter, and that testimony, as well as the testimony that Miller confessed to his girlfriend that he shot Williams, renders it highly probable that any erroneously admitted testimony about “Little E” having been identified as a suspect did not contribute in any meaningful way to the verdict. See id. at 49 (2). See also Weems v. State, 269 Ga. 577, 579 (2) (501 SE2d 806) (1998).

3. Miller also contends that the trial court erred when it admitted testimony that Williams was working two jobs to help support his family, with whom he had relocated to Atlanta in the aftermath of Hurricane Katrina. According to Miller, this testimony amounts to “victim impact” evidence that was unfairly prejudicial. But at trial, Miller did not object to the testimony on the grounds that it was impermissible “victim impact” evidence or unfairly prejudicial. Accordingly, Miller failed to preserve for appellate review the claim of error that he now urges. See Colon v. State, 275 Ga. App. 73, 75 (2) (619 SE2d 773) (2005); Holmes v. State, 271 Ga. App. 122, 124-125 (4) (608 SE2d 726) (2004); Shelton v. State, 251 Ga. App. 34, 38-39 (4) (553 SE2d 358) (2001).

4. Miller also claims that he was denied the effective assistance of counsel at trial. To prevail on a claim of ineffective assistance, Miller must prove both that the performance of his lawyer was deficient and that he was prejudiced by this deficient performance. Strickland v. Washington, 466 U. S. 668, 687 (III) (104 SCt 2052, 80 LE2d 674) (1984). To prove that the performance of his lawyer was deficient, Miller must show that she performed her duties at trial in an objectively unreasonable way, considering all the circumstances, and in the light of prevailing professional norms. Id. at 687-688 (III) (A). See also Kimmelman v. Morrison, 477 U. S. 365, 381 (II) (C) (106 SCt 2574, 91 LE2d 305) (1986). And to prove that he was prejudiced by the performance of his lawyer, Miller must show “a reasonable[*12] probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Strickland, 466 U. S. at 694 (III) (B). See also Williams v. Taylor, 529 U. S. 362, 391 (III) (120 SCt 1495, 146 LE2d 389) (2000). This burden is a heavy one. See Kimmelman, 477 U. S. at 382 (II) (C). We conclude that Miller has failed to carry his burden.

(a) Miller contends that his trial lawyer was ineffective because she failed to call his mother as a witness at trial. His mother could have testified, he contends, that Miller cut off his “dreadlocks” four days before the murder, which would have contradicted eyewitness testimony that Miller had dreadlocks at the time of the shooting. But decisions about which witnesses to call at trial “are matters of trial strategy and tactics, and such strategic and tactical decisions do not amount to deficient performance unless they are so unreasonable that no competent attorney would have made them under similar circumstances.” Washington v. State, 294 Ga. 560, 566 (3) (755 SE2d 160) (2014) (citations omitted). See also Gibson v. State, 290 Ga. 6, 12 (6) (b) (717 SE2d 447) (2011). At the hearing on the motion for new trial, Miller’s trial lawyer explained that, although she did not recall exactly why his mother was not called as a witness, the lawyer thought that there were some issues about precisely when Miller cut off his dreadlocks. Another lawyer who represented Miller before trial (but was on medical leave during the trial) testified that there was, in fact, some discrepancy as to exactly when the dreadlocks were removed, and Miller’s lawyers did not want the State to be able to argue that Miller cut off his dreadlocks right after the crime in an attempt to “change his identity.” The trial court credited the testimony of the lawyers, and in light of that testimony, we cannot say that their concerns about evidence that Miller cut off his dreadlocks around the time of the shooting were unreasonable. That trial counsel did not call the mother and thereby open the door to argument about Miller having sought to change his appearance does not amount to ineffective assistance. See Carey v. State, 281 Ga. App. 816, 818-819 (2) (637 SE2d 757) (2006).

(b) Miller also argues that his trial lawyer was ineffective because she failed to object to the admission of triple hearsay or move for a mistrial when Detective Danny Agan testified that Officer Houston told Agan at the scene that a local resident said he had heard that “Little E” did it. Assuming that this evidence was inadmissible under former OCGA § 24-3-2, Miller has not shown how he was prejudiced. See Whitaker v. State, 269 Ga. 462, 465 (4) (b) (499 SE2d 888) (1998). The evidence of which Miller complains was cumulative of the eyewitness testimony, including the eyewitness identification of “Little[*13] E” as the shooter, as well as Miller’s confession to his girlfriend and the identification of Miller as “Little E” by other witnesses. See Division 2, supra. Accordingly, the evidence supports the trial court’s conclusion that there is no reasonable probability that the failure of Miller’s lawyer to object to Detective Agan’s testimony affected the outcome of the trial. See Maurer v. State, 320 Ga. App. 585, 592 (6) (b) (740 SE2d 318) (2013). See also Morris v. State, 284 Ga. 1, 4 (3) (662 SE2d 110) (2008).

Decided October 20, 2014. Charles H. Frier, for appellant. Paul L. Howard, Jr., District Attorney, Paige Reese Whitaker, Joshua D. Morrison, Assistant District Attorneys, Samuel S. Olens, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Michael A. Oldham, Assistant Attorney General, for appellee.

Judgment affirmed.

All the Justices concur.
1

Williams was killed on July 31,2006. Miller was indicted on March 23,2007 and charged with malice murder, felony murder, aggravated assault, and unlawful possession of a firearm during the commission of a felony. His trial commenced on August 21, 2007, and the jury returned its verdict two days later, finding him guilty on all counts. Miller was sentenced to a term of imprisonment for life for malice murder and a consecutive term of imprisonment for five years for unlawful possession of a firearm during the commission of a felony. The verdict as to felony murder was vacated hy operation of law, Malcolm v. State, 263 Ga. 369, 371-372 (4) (434 SE2d 479) (1993), and the aggravated assault merged with the malice murder. Miller timely filed a motion for new trial on August 30, 2007, and he amended it on April 19, 2013. The trial[*10] court denied his motion on November 5,2013. Miller timely filed a notice of appeal on November 15, 2013, and the case was docketed in this Court for the April 2014 term and submitted for decision on the briefs.