Miller v. State

ON WRIT OF CERTIORARI

CARLSON, Presiding Justice,

for the Court:

¶ 1. Matthew Miller was tried and convicted of aggravated assault and forcible rape of his girlfriend’s minor daughter, and he appealed. We assigned this case to the Court of Appeals, and that court affirmed Miller’s convictions and sentences. Having granted Miller’s petition for writ of certiorari, we find reversible error in the trial judge’s failure to recuse himself after having served as the county prosecuting attorney in an earlier youth-court shelter hearing regarding the minor victim’s custody as a result of the events…