Miller v. State

Judge Harold R. Banke.

Richard Anthony Miller, Sr. was convicted of theft by taking and forgery. Miller contends that his convictions must be reversed because the trial court erred by compelling him to make a choice between his speedy trial demand and his election to engage in reciprocal discovery.

Miller, along with two co-defendants, was the subject of a multicount indictment returned during the August 1997 term. On September 11, Miller filed a motion electing reciprocal discovery but left the indictment number blank. At some point, the clerk’s office apparently entered an incorrect…