MILLER v. STATE

No. 103,915.

318 P.3d 155 (2014)

Martin MILLER, Appellant, v. STATE of Kansas, Appellee.

Supreme Court of Kansas.

February 14, 2014.


Attorney(s) appearing for the Case

Jessica R. Kunen , of Lawrence, argued the cause and was on the brief for appellant.

Kristafer R. Ailslieger , deputy solicitor general, argued the cause, and Patrick J. Hurley , assistant district attorney, Charles E. Branson , district attorney, Natalie Chalmers , assistant solicitor general, and Derek Schmidt , attorney general, were with him on the briefs for appellee.


The opinion of the court was delivered by BILES, J.:

In this K.S.A. 60-1507 habeas corpus action alleging ineffective assistance of appellate counsel, we review the Court of Appeals decision reversing Martin Miller's first-degree murder conviction because counsel failed to challenge on appeal an incorrect written jury instruction that diluted the State's burden to prove guilt beyond a reasonable doubt. Miller v. State, No. 103,915, ___ Kan.App.2d ___, 2012...

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