STATE v. MILLER

No. 47254-2-1.

40 P.3d 692 (2002)

110 Wash.App. 283

STATE of Washington, Respondent, v. Archie MILLER, Appellant.

Court of Appeals of Washington, Division 1.

February 19, 2002.


Attorney(s) appearing for the Case

Catherine Lynn Floit, Eric J. Nielsen, Nielsen Broman & Assoc. PLLC, Seattle, for Appellant.

Lee Davis Yates, Senior Deputy Pros. Atty., Pros. Atty. Office, Seattle, for Respondent.


PUBLISHED IN PART

BECKER, A.C.J.

Archie Miller appeals his conviction of two counts of murder in the first degree. The prosecutor, in rebuttal argument, commented that Miller had the opportunity to tailor his testimony after hearing all the other witnesses. Miller contends this was an improper comment on his constitutional right to be present at trial. A recent decision of the United States Supreme Court holds that such an argument does not violate a constitutional...

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