Morehart v. Barton

OPINION

BROWN, Judge.

¶ 1 Patricia Morehart and Colleen Duffy (“Petitioners”) challenge the trial court’s order granting an ex parte hearing to William Craig Miller (“Defendant”) for the purpose of addressing mitigation matters. We hold that Petitioners have the right to attend the hearing and we therefore accept jurisdiction and grant relief.

BACKGROUND

¶ 2 Defendant was indicted on five counts of first-degree murder, and the State subsequently filed a notice of intent to seek the death penalty. Petitioners, who are family members of individuals whom Defendant allegedly murdered, are “victims”…