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, concluding that the warrantless apartment entry and search were justified by the emergency exception, and rejecting his challenges concerning jury selection, competency, mental retardation, photographs, expert testimony, rebuttal evidence, and the intoxication instruction. The court reversed the death sentences because two victim-impact witnesses improperly urged the jury to impose death, and the court could not find that error harmless beyond a reasonable doubt. Chief Justice Hannah, concurring, agreed with resentencing but would affirm the suppression ruling on implied consent rather than exigent circumstances.