Miller v. State
Annotate this CaseAfter a jury trial, Appellant was convicted of second-degree murder. On appeal, Appellant argued that the jury was not properly instructed on the element of malice under the Court’s decision in Wilkerson v. State, which was issued after Appellant’s conviction. The Supreme Court affirmed, holding that because Appellant failed to show a reasonable probability that he would have received a more favorable verdict had the jury been instructed in accordance with Wilkerson, Appellant did not show that the instructional error resulted in material prejudice to him, and therefore, there was no plain error in the jury instructions.
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