Miller v. State

Annotate this Case

Download PDF

ARKANSAS SUPREME COURT No. CR 08-1297 Opinion Delivered March 12, 2009 PRO SE MOTION TO WITHDRAW APPEALS [CIRCUIT COURT OF SEBASTIAN COUNTY, FORT SMITH DISTRICT, CR 2006-1529, HON. JAMES O. COX, JUDGE] JAMES AARON MILLER Appellant v. STATE OF ARKANSAS Appellee MOTION MOOT. PER CURIAM Appellant James Aaron Miller was convicted of capital murder and sentenced to death. Following procedure under Arkansas Rule of Appellate Procedure–Criminal 10, counsel for appellant lodged an automatic appeal for the mandatory review required by this court. Appellant, proceeding pro se, has filed a motion to withdraw “all appeals on death penalty conviction.”1 Because review is mandated by the rule, even though a convicted defendant in a capital case may desire to waive his personal right to appeal, the appellate review of the case must proceed. Newman v. State, 350 Ark. 51, 84 S.W.3d 443 (2002) (per curiam). For that reason, any motion to waive the appeal is therefore moot. Id. Motion moot. 1 At this time, no other appeal is pending.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.