Miller v. State, 410 S.E.2d 101 (Ga. 1991). · Go Syfert
Miller v. State, 410 S.E.2d 101 (Ga. 1991). Cases Citing This Book View Copy Cite
27 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: Timothy Collins v. State (gactapp, 2021-04-30)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 10 distinct citers.
discussed Cited as authority (rule) Timothy Collins v. State
Ga. Ct. App. · 2021 · confidence medium
Collins did not, however, make this argument to the trial court in his initial or amended motions for new trial, and therefore, he has waived it.12 We further note that Collins’s sentence falls within the statutory range of punishment.13 10 (Punctuation omitted.) Miller v. State, 261 Ga. 679, 680 (6) ( 410 SE2d 101 ) (1991), quoting Beam v. State, 260 Ga. 784, 786 (2) ( 400 SE2d 327 ) (1991), overruled on other grounds by Willis v. State, 304 Ga. 686, 706 (11) (a) ( 820 SE2d 640 ) (2018). 11 State v. Arnold, 280 Ga. 487, 490 ( 629 SE2d 807 ) (2006). 12 See Barber v. State, 350 Ga. App. 309, …
discussed Cited as authority (rule) Murray v. State
Ga. · 2003 · confidence medium
This ruling “had a sound basis in that it served the legally relevant purpose of ‘preserving) public respect for the integrity of the judicial process.’ [Cit.]” Miller v. State, 261 Ga. 679, 680 (6) ( 410 SE2d 101 ) (1991).
cited Cited as authority (rule) Mobley v. Wright
Ga. Ct. App. · 2002 · confidence medium
Miller v. State, 261 Ga. 679, 680 (6) ( 410 SE2d 101 ) (1991); Ganas v. State, 245 Ga. App. 645, 648 (3) ( 537 SE2d 758 ) (2000); Darden v. State, 212 Ga. App. 345, 347 (4) ( 441 SE2d 816 ) (1994).
discussed Cited as authority (rule) Kirkland v. State
Ga. Ct. App. · 2000 · confidence medium
Miller v. State, 261 Ga. 679, 680 (6) ( 410 SE2d 101 ) (1991); Scott v. State, 219 Ga. App. 798, 799 (2) ( 466 SE2d 678 ) (1996); Graham v. State, 171 Ga. App. 242, 248-249 (5) ( 319 SE2d 484 ) (1984).
cited Cited as authority (rule) Boler v. State
Ga. Ct. App. · 1999 · confidence medium
Miller v. State, 261 Ga. 679, 680 (6) ( 410 SE2d 101 ).
cited Cited as authority (rule) Gurr v. State
Ga. Ct. App. · 1999 · confidence medium
Miller v. State, 261 Ga. 679, 680 (6) ( 410 SE2d 101 ) (1991); Worthy v. State, 223 Ga. App. 612, 613 (1) ( 478 SE2d 421 ) (1996). 5.
cited Cited as authority (rule) Worthy v. State
Ga. Ct. App. · 1996 · confidence medium
In Miller v. State, 261 Ga. 679, 680 (6) ( 410 SE2d 101 ) the trial court dismissed a juror because she had an out-of-court contact with *614 defense counsel.
discussed Cited as authority (rule) Henry v. State
Ga. · 1995 · confidence medium
However, the juror’s irregular behavior coupled with his statement to the court that he could not make an accurate decision in the sentencing phase constituted ample justification for the trial court to exercise its discretion in removing the juror. “[T]he discharge of the juror had a sound basis in that it served the legally relevant purpose of ‘preserving] public respect for the integrity of the judicial process.’ [Cit.]” Miller v. State, 261 Ga. 679, 680 ( 410 SE2d 101 ) (1991). 8.
discussed Cited "see" Darden v. State (2×)
Ga. Ct. App. · 1994 · signal: see · confidence high
See Miller v. State, 261 Ga. 679 (6) ( 410 SE2d 101 ) (1991); Payne v. State, 195 Ga. App. 523 (2) ( 394 SE2d 781 ) (1990).
examined Cited "see" Edwards v. State (4×)
Ga. · 1992 · signal: see · confidence high
See Miller v. State, 261 Ga. 679, 680 (5) ( 410 SE2d 101 ) (1991); Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984).
Miller
v.
the State
S91A0840.
Supreme Court of Georgia.
Nov 15, 1991.
410 S.E.2d 101
J. Michael Treadaway, for appellant., Thomas J. Charron, District Attorney, Nancy I. Jordan, Jack E. Mallard, Assistant District Attorneys, Michael J. Bowers, Attorney General, for appellee.
Bell.
Cited by 13 opinions  |  Published
Bell, Justice.

Raymond Arnold Miller was convicted of the malice murder of his adult daughter, Deborah Sue Miller, and was sentenced to life imprisonment. [1] He appeals, and we affirm.

[*680] 1. Appellant and the victim lived together and had an incestuous relationship, in which she repeatedly attempted to escape appellant but each time was persuaded or coerced into returning. On her final attempt appellant tracked her to a K-Mart parking lot in Mableton, Ga., where he shot her twice with a pistol. The second shot was at close range to the back of her head and caused her death. We find that the evidence meets the test of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. There is no merit in appellant’s enumeration that the admission into evidence of the testimony of Pamela Miller McKinney concerning a prior difficulty between appellant and the victim violated Uniform Superior Court Rule 31.1.

3. The court did not err by admitting into evidence pre-autopsy photographs of the victim.

4. We find no error in the trial court having permitted the State to question a State’s witness, Fred Vineyard, by means of leading questions so that the State could impeach Vineyard by use of his prior statement. Harris v. State, 250 Ga. 889 (302 SE2d 104) (1983).

5. After his conviction and sentence, appellant’s trial counsel were replaced by his current counsel. On motion for new trial appellant alleged that his trial counsel had been ineffective, but after holding an evidentiary hearing on that issue the trial court found that trial counsel had afforded effective representation to appellant. On appeal, appellant enumerates that ruling as error, but we find that the trial court did not err. Bowley v. State, 261 Ga. 278 (404 SE2d 97) (1991).

6. Appellant contends that his Fifth Amendment right to due process and Sixth Amendment right to trial by an impartial jury were violated when, during the course of his trial and before the jury began deliberating, the court excused a juror and replaced her with an alternate juror after an out-of-court contact between the juror and defense counsel. Under the circumstances of this case, we find that the trial court had a sound basis for exercising its discretion to discharge the juror and that, accordingly, appellant’s Fifth and Sixth Amendment rights were not violated in this regard. See generally Peek v. Kemp, 784 F2d 1479 (11th Cir. 1986); Green v. Zant, 715 F2d 551 (11th Cir. 1983); OCGA § 15-12-172. Inter alia, the discharge of the juror had a sound basis in that it served the legally relevant purpose of “preserving] public respect for the integrity of the judicial process.” See generally Beam v. State, 260 Ga. 784, 786 (2) (400 SE2d 327) (1991) (holding that even if a prospective juror was actually unbiased,[*681] she should have been excused for cause because she was employed by the same district attorney who prosecuted the appellant).

Decided November 15, 1991. J. Michael Treadaway, for appellant. Thomas J. Charron, District Attorney, Nancy I. Jordan, Jack E. Mallard, Assistant District Attorneys, Michael J. Bowers, Attorney General, for appellee.

Judgment affirmed.

All the Justices concur.
1

The crime occurred on October 13, 1988. Miller was indicted on January 5, 1989. On January 26, 1990, he was found guilty and sentenced. His motion for new trial was denied on[*680] February 4, 1991, and he filed a notice of appeal on February 14, 1991. The clerk of the trial court certified the record on March 21, 1991. On March 22, 1991, the record was docketed in this Court. On May 3, 1991, the appeal was submitted for decision on briefs.