Miller v. State
Annotate this CaseAppellant Michael Miller was convicted of the deliberate homicide after a jury trial. The Supreme Court affirmed his conviction. Miller subsequently filed a petition for postconviction relief, alleging his trial counsel rendered ineffective assistance and that his appellate counsel's failure to raise his trial counsel's ineffectiveness on direct appeal constituted ineffective assistance. The district court dismissed Miller's petition for failure to state a claim, reasoning that Miller had exhausted his remedy of appeal and that his ineffectiveness claims were record-based assertions which he did or reasonably could have raised on appeal. The Supreme Court affirmed, holding that Miller's claims against his trial counsel were without merit, and thus, he could not state a claim of ineffectiveness against his appellate counsel for failing to raise ineffectiveness claims against his trial counsel in his direct appeal.
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