West Virginia Supreme Court

State of West Virginia, Plaintiff Below, Appellee v. Angela Dawn Miller, Defendant Below, Appellant

June 14, 1996197 W. Va. 588

Summary

The court affirmed Angela Miller's first-degree murder conviction and life sentence, rejecting challenges to the indictment, jury qualification and challenges for cause, jury instructions, prosecutorial conduct, grand-jury proceedings, and ineffective assistance of counsel. It held that the indictment adequately charged first-degree murder, the malice instruction created a permissible rather than mandatory inference, and Miller waived her self-defense-instruction claim by withdrawing the requested instructions and failing to object. The ineffective-assistance claim was denied without prejudice because it should be pursued in a collateral proceeding.