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MILLER v. STATE

No. 94-283.

904 P.2d 344 (1995)

James Dean MILLER, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

October 6, 1995.

Attorney(s) appearing for the Case

Sylvia Hackl, State Public Defender; Deborah Cornia, Appellate Counsel; David Gosar, Assistant Public Defender, Cheyenne, for appellant.

William U. Hill, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Sr. Assistant Attorney General; Mary Beth Wolff, Sr. Assistant Attorney General; Theodore E. Lauer, Director, Prosecution Assistance Program; John W. Osborne, Student Intern; Cassandra Stump Ando, Student Intern, Cheyenne, for appellee.

Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR and LEHMAN, JJ.

GOLDEN, Chief Justice.

Appellant James Miller (Miller) appeals his conviction for conspiracy to kidnap alleging the trial court erred in refusing to grant a mistrial following prejudicial remarks by a potential juror, alleging plain error occurred when a police officer testified and expressed an opinion as to his guilt, and alleging three plain errors occurred in jury instructions.

We reverse and remand for a new trial.

Miller presents these issues...

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