Miller v. State

The opinion of the court was delivered by

Biles, J.:

In this K.S.A. 60-1507 habeas corpus action alleging ineffective assistance of appellate counsel, we review the Court of Appeals decision reversing Martin Miller’s first-degree murder conviction because counsel failed to challenge on appeal an incor*923rect written jury instruction that diluted the State’s burden to prove guilt beyond a reasonable doubt. Miller v. State, No. 103,915, 2012 WL 401601, at *9 (Kan. App. 2012) (unpublished opinion). The State concedes the written instruction was wrong but argues appellate counsel’s failure to catch the…