Miller v. State

OPINION

McCLURE, Justice.

Martin Milton Miller, Jr. (“Miller”) was found guilty of the murder of his brother, Bruce Edward Miller (“Bruce”). He was sentenced to life imprisonment and fined $10,000. In his first point of error, Miller asserts that the State should not have tendered evidence of his post-arrest silence to impeach his self-defense theory. Because no objection was made at trial, he asserts that admission of this evidence constituted fundamental error. In his next three points of error, Miller asserts that his counsel was ineffective because he faded to object to evidence of…