Miller v. State
288 Ga. 153
Ga.2010Background
- Miller pled guilty in 2006 to possession of cocaine and was sentenced to 15 years on probation.
- In 2008, the State alleged a probation violation based on cocaine use; the trial court found a violation and revoked two years of Miller's sentence.
- The trial court suspended the revocation conditioned on Miller successfully completing a substance abuse treatment program.
- Miller moved for a new trial challenging sufficiency of the evidence and sought a free transcript of the revocation hearing; both motions were denied.
- During the appeal, Miller completed the treatment program and returned to probation under the original terms, and the Court of Appeals affirmed the trial court.
- The Georgia Supreme Court granted certiorari, vacated the Court of Appeals’ opinion, and remanded the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of Miller's appeal | Miller contends the appeal challenges the suspended revocation and seeks a transcript | State maintains some ongoing consequences, preserving the issue | Appeal moot; reversed and remanded |
| Remand disposition | Remand for further proceedings consistent with this opinion | Vacatur and remand to cure mootness and procedural posture | Court vacates Court of Appeals’ opinion and remands |
Key Cases Cited
- Parris v. State, 232 Ga. 687, 208 S.E.2d 493 (1974) (Ga.) (adverse collateral consequences not shown; mootness considerations)
- Baker v. State, 240 Ga. 431, 241 S.E.2d 187 (1978) (Ga.) (collateral consequences not presumed; mootness analysis)
- Ritchie v. State, 257 Ga. App. 149, 570 S.E.2d 435 (2002) (Ga. App.) (collateral consequences and mootness considerations)
- In the Interest of I.S., 278 Ga. 859, 607 S.E.2d 546 (2005) (Ga.) (mootness and continued jurisdictional powers)