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MILLER v. STATE

No. S-14-0243.

350 P.3d 264 (2015)

2015 WY 68

Thomas Lee MILLER, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

May 12, 2015.

Attorney(s) appearing for the Case

Representing Appellant: Office of the State Public Defender: Diane M. Lozano , State Public Defender; Tina N. Olson , Chief Appellate Counsel; Kirk A. Morgan , Senior Assistant Appellate Counsel. Argument by Mr. Morgan, Representing Appellant.

Representing Appellee: Peter K. Michael , Attorney General; David L. Delicath , Deputy Attorney General; Jenny L. Craig , Senior Assistant Attorney General. Argument by Ms. Craig, Representing Appellee.

Before BURKE, C.J., and HILL, KITE, DAVIS, and FOX, JJ.

[¶1] Appellant, Thomas Lee Miller, challenges his conviction of second-degree murder on the grounds that the jury was not properly instructed on the element of malice under our recent decision in Wilkerson v. State, 2014 WY 136, 336 P.3d 1188 (Wyo. 2014), which was issued after...

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