Idaho v. MillerAnnotate this Case
Gregg Miller appealed after he was convicted for injury to a child and felony eluding. As to the injury to a child conviction, Miller argued the jury instruction, combined with the prosecutor’s closing argument, created a fatal variance with the information. Miller also argued the prosecutor committed prosecutorial misconduct during closing arguments by appealing to the emotions, passions, and prejudices of the jury, and by misstating the evidence. The Court of Appeals affirmed, and Miller timely filed a petition for review to the Idaho Supreme Court. After careful consideration of his arguments, the Supreme Court affirmed the district court’s judgment of conviction, clarifying the fundamental error doctrine articulated in Idaho v. Perry, 245 P.3d 961 (2010).