State of Ohio, Plaintiff-Appellee,
v.
Theresa Miller, Defendant-Appellant.
Court of Appeals of Ohio, Second District, Montgomery County.https://leagle.com/images/logo.png
Rendered on September 4, 2009.
Rendered on September 4, 2009.
Attorney(s) appearing for the Case
Mathias H. Heck, Jr., by Kelly D. Madzey, Atty. Reg. #0079994, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.
Richard Hempfling, Atty. Reg. #0029986, Flanagan, Lieberman, Hoffman & Swaim, 15 West Fourth Street, Suite 100, Dayton, Ohio 45402, Attorney for Defendant-Appellant.
Court of Appeals of Ohio, Second District, Montgomery County.
OPINION
FAIN, J.
{¶ 1} Defendant-appellant Theresa Miller appeals from her conviction upon two counts of Murder and one count of Tampering with Evidence. Miller argues that the jury instructions on each count of the indictment and on the inferior offense of Voluntary Manslaughter were so erroneous and misleading that they deprived her of her rights to due process and a fair trial and amounted to both plain error and structural error. She...
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