Miller v. SmithAnnotate this Case
Dale Miller and Jessica Smith agreed to an irreconcilable-differences divorce, leaving for the Chancery Court to decide custody, care, and visitation of their two children, Smitty and Morgan. As to Smitty, the chancellor terminated Miller’s parental rights because Miller was not the biological father of Smitty nor did he stand in loco parentis to Smitty. As to Morgan, the biological child of Miller and Smith, the chancellor awarded custody to Smith. The Court of Appeals affirmed the chancellor’s judgments. On petition for certiorari to this Court, Miller argued: (1) the trial court erred in terminating his parental rights to Smitty; and (2) his right to confrontation under the Sixth Amendment to the U.S. Constitution and his right to be present under Article 3, Section 25 of the Mississippi Constitution were violated when the chancellor removed Miller from the courtroom during the testimony of Smith’s oldest daughter of a previous relationship. The Mississippi Supreme Court affirmed, yet with respect to the second issue, the court found removing Miller from the courtroom as a harmless error.