Miley v. State

HINES, Justice.

James Miley has been indicted for murder, rape, aggravated battery, and kidnapping with bodily injury, and the State has given notice of its intent to seek the death penalty. This Court granted Miley’s application for interim appellate review and directed the parties to address the following question:

[Did] the trial court [err] by denying Miley’s motion [to suppress] regarding the warrant to search Miley’s house [?]

For the reasons set forth below, this Court concludes that the trial court erred regarding the search warrant and remands the case to that court for further…