State v. Miller, 851 N.W.2d 703

Four-month-old Jacob Miller suffered severe head, rib, and retinal injuries and died after being transported from his home to hospitals in Scotland and Sioux Falls; autopsy concluded death by abusive trauma.
Father Chris Miller was charged by indictment with second-degree murder, first-degree manslaughter, and aggravated assault; tried by jury and convicted of second-degree murder and aggravated assault; sentenced to life plus 50 years consecutively after admitting habitual-offender allegation.
State’s evidence included medical experts diagnosing non-accidental trauma (skull fracture, subdural/subarachnoid hemorrhages, retinal hemorrhages, healed rib fractures), first-responder observations, and testimony from a jailhouse informant (Billy Chaffin) recounting an alleged admission by Miller.
Miller’s defense advanced an alternative theory that the mother, Stacy, accidentally suffocated or rolled onto Jacob while intoxicated or that a short fall caused injuries; defense experts testified some injuries could result from short falls or accidental causes and challenged mechanisms alleged by State experts.
Trial contained conflicting testimony about events, prior incidents of Miller’s frustration with Jacob, and inconsistencies in Miller’s statements; the jury resolved credibility against Miller.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for conviction (judgment of acquittal)	Evidence (medical opinions, inconsistencies, prior frustration, jailhouse admission) supports conviction for depraved-mind murder and aggravated assault	State failed to prove mechanism of injury or which parent inflicted it; alternative accidental explanations plausible	Affirmed—viewing evidence in prosecution’s favor, a rational jury could find guilt beyond a reasonable doubt
Admissibility of jailhouse informant (Chaffin) testimony	Testimony was relevant and probative; court properly weighed prejudice under Rule 403	Testimony relied on an unavailable prior note to refresh memory and lacked reliability; prejudicial	Affirmed—trial court did not abuse discretion in admitting Chaffin’s testimony and gave jury instruction on admissions; Rule 612 inapplicable because the note refreshed memory before (not at) trial

State v. Dowty, 838 N.W.2d 820 (S.D. 2013) (standard for reviewing denial of judgment of acquittal)
State v. Carter, 771 N.W.2d 329 (S.D. 2009) (circumstantial evidence and reasonable inferences can sustain conviction)
State v. Guthrie, 627 N.W.2d 401 (S.D. 2001) (contradictory expert opinions create jury questions on reliability)
State v. Guthmiller, 667 N.W.2d 295 (S.D. 2003) (trial court’s balancing of probative value against prejudicial effect reviewed for abuse of discretion)
State v. Roach, 825 N.W.2d 258 (S.D. 2012) (failure to object at trial waives appellate challenge)