BENCH v. STATE, 431 P.3d 929

Miles Sterling Bench, age 21, was convicted by jury of first-degree murder for the brutal beating, strangulation, and abandonment of 16‑year‑old Braylee Henry; jury recommended death based on two aggravators (especially heinous, atrocious or cruel; continuing threat).
Bench admitted to officers and jail personnel that he "may have killed somebody," and incriminating DNA linked blood at the scene and on his shoes to the victim.
Bench asserted an insanity defense supported by a defense forensic psychologist; the State rebutted with its own expert who concluded Bench was malingering.
Bench sought pretrial change of venue based on media coverage; the court conducted extended individual voir dire and seated an impartial jury.
Bench challenged multiple evidentiary rulings (booking‑statements admissibility, gruesome and in‑life photographs), requested a lesser‑included instruction (second‑degree depraved‑mind murder), raised prosecutorial misconduct and ineffective‑assistance claims; the Court of Criminal Appeals affirmed conviction and death sentence and denied an evidentiary hearing.

Issue	Bench's Argument	State's Argument	Held
Change of venue / pretrial publicity	Pretrial publicity prejudiced the community and denied an impartial jury	Voir dire showed limited, non‑inflammatory publicity; prejudiced jurors excused; impaneled jurors were impartial	Denied — no presumed prejudice; totality showed fair trial venire and impartial jurors
Admissibility of inculpatory booking statements (Miranda)	Statements to detention officer were custodial interrogation and required Miranda warnings; involuntary	Statements were volunteered during routine booking and small talk; not interrogation under Miranda/Innis/booking exception	Denied — statements were voluntary, routine booking exception applied; not elicited interrogation
Admission of post‑mortem and in‑life photographs	Photographs were gruesome and prejudicial, outweighed probative value	Photos corroborated medical examiner, showed nature/extent of injuries and aggravators; not cumulative	Denied — trial court did not abuse discretion; probative value outweighed prejudice
Lesser‑included instruction (second‑degree depraved‑mind murder)	Court should have instructed under Beck where any reasonable doubt supports lesser non‑capital option	Evidence showed intentional killing and brutal repeated attacks; no prima facie evidence of depraved‑mind without intent to kill	Denied — no rational view of evidence supported conviction of depraved‑mind murder while acquitting of first‑degree murder

Irvin v. Dowd, 366 U.S. 717 (1961) (prejudice from pervasive publicity can deprive defendant of impartial jury)
Murphy v. Florida, 421 U.S. 794 (1975) (two‑part test for presumed prejudice and totality‑of‑circumstances review)
Miranda v. Arizona, 384 U.S. 436 (1966) (warnings required for custodial interrogation)
Rhode Island v. Innis, 446 U.S. 291 (1980) (definition of interrogation includes words or actions police should know are likely to elicit incriminating response)
Jackson v. Denno, 378 U.S. 368 (1964) (procedures for determining voluntariness of confessions)
Culombe v. Connecticut, 367 U.S. 568 (1961) (voluntariness test under Due Process)
Schneckloth v. Bustamante, 412 U.S. 218 (1973) (totality of circumstances for voluntariness)
Pennsylvania v. Muniz, 496 U.S. 582 (1990) (booking‑question exception to Miranda)
Beck v. Alabama, 447 U.S. 625 (1980) (capital jury must be allowed to consider lesser non‑capital offense when evidence supports it)
Shrum v. State, 991 P.2d 1032 (Okla. Cr. 1999) (Oklahoma test for whether lesser homicide instructions are required)