Miller v. State
2018 Ark. App. 614
| Ark. Ct. App. | 2018Background
- Allen Miller was convicted by a jury of first-degree murder and aggravated robbery stemming from a November 2015 home robbery in which the victim, George Banks, was shot and died ~20 days later; Miller received consecutive terms of 30 and 40 years.
- At trial the State presented autopsy testimony from the medical examiner (Dr. Kokes) attributing death to gunshot wounds; defense questioned portions of Banks’s hospital records.
- A recorded phone call from Miller (placed from a detention center) to witness Narcissa Singleton, in which Miller told her to “keep playing dumb,” was played for the jury as evidence of consciousness of guilt.
- Sgt. Rodney Smith, a crime-scene supervisor, testified about fingerprint collection and was qualified as an expert over defense objection.
- Defense moved for mistrials after (1) a prosecutorial question about witness intimidation and (2) victim-impact comments during sentencing; the court denied both motions but sustained objections and gave a curative instruction in the sentencing phase.
- Miller also moved for a new trial claiming prejudice from the State’s reference to his 22 arrests during sentencing; procedural issues on appeal prevented review of that claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of two pages of medical records | Miller: pages would rebut autopsy and show vascular stability/alertness, supporting a defense theory (e.g., inadequate medical care) | State: pages are hearsay; they do not support a theory that lack of care caused death; jury already heard the substance via Dr. Kokes’s testimony | Court: exclusion not an abuse of discretion; substance was elicited through witness, documents were cumulative/hearsay |
| Admissibility of recorded jail phone call | Miller: unfair surprise and inadequate time to respond; call not probative (witness already placed him with others); revealing incarceration unduly prejudicial | State: call shows attempt to influence/fabricate testimony (consciousness of guilt); probative value outweighs prejudice; court admonition cures any issue | Court: admissible as consciousness-of-guilt evidence; probative value > prejudice; admonition sufficient |
| Qualification and testimony of fingerprint witness as expert | Miller: Sgt. Smith lacked proper foundation to offer expert opinion that prints could not be lifted at scene | State: Smith had training and experience under Ark. R. Evid. 702; reasonable basis to qualify him; defense could cross-examine | Court: no abuse of discretion in qualifying Smith as an expert; testimony admissible |
| Motions for mistrial (trial and sentencing phases) and motion for new trial re: arrest history | Miller: prejudicial in-court references (intimidation question; victim fear comment) and later sentencing-phase reference to 22 arrests warranted mistrial/new trial | State: questions/statements were either disallowed/stricken and curative instruction given; no undue prejudice; Miller failed to preserve/new-trial claim improperly presented on appeal | Court: denied mistrials; curative instructions cured prejudice; new-trial claim not preserved/appeal of denial not properly before court |
Key Cases Cited
- Moore v. State, 511 S.W.3d 880 (Ark. App. 2017) (appellate standard that evidentiary rulings are reviewed for abuse of discretion)
- Hajek-McClure v. State, 450 S.W.3d 259 (Ark. App. 2014) (definition of abuse of discretion)
- Dillon v. State, 877 S.W.2d 915 (Ark. 1994) (standards for qualifying expert testimony under Ark. R. Evid. 702)
- Holsombach v. State, 246 S.W.3d 871 (Ark. 2007) (mistrial is drastic remedy; abuse-of-discretion review)
- McDonald v. State, 146 S.W.3d 883 (Ark. 2004) (notice-of-appeal must designate the order appealed)
- Daniel v. State, 983 S.W.2d 146 (Ark. App. 1998) (appeal limited to orders designated in notice)
- Smith v. State, 947 S.W.2d 373 (Ark. 1997) (procedures for appealing posttrial rulings when a notice of appeal is already filed)