Brake v. State

*580OPINION

Appellant Bryan Brake was tried and convicted of first degree murder with the use of a deadly weapon for the October 31, 1993 shooting of his stepfather, Michael Miller. Bryan originally told the police that he had killed Michael in self-defense, but then confessed that the killing was premeditated, that he and his mother, Phyllis Miller, had previously discussed killing Michael, and that he had killed Michael because Michael was abusive and was constantly meddling in Bryan’s personal affairs.

At trial, Bryan argued that he had killed Michael in self-defense and that he had lied to the…