Supreme Court of Arkansas
James Aaron Miller, Appellant v. State of Arkansas, Appellee
January 7, 20102010 Ark. LEXIS 3
Summary
The court affirmed Miller's three capital-murder convictions after rejecting his challenges to the warrantless emergency search, jury-selection procedures, competency, mental-retardation determination, evidentiary rulings, rebuttal evidence, and intoxication instruction. It reversed the death sentences because two victim-impact witnesses improperly recommended that the jury impose death, and the court could not conclude beyond a reasonable doubt that the error was harmless. The case was remanded for resentencing under the applicable capital-sentencing statute. Chief Justice Hannah concurred in the result but would have upheld the search on implied-consent grounds rather than under the emergency exception.