State v. Miller

The opinion of the court was delivered by

Davis, J.:

Robert O. Miller appeals his jury conviction of first-degree murder, contending (1) the prosecutor impermissibly commented on his post-arrest silence, (2) the trial court erred in recalling two members of the venire to serve as jurors after two seated jurors had been dismissed, (3) the trial court erred in not declaring a mistrial when the number of jurors fell to 11, (4) the trial court erred in its comments to the jury panel regarding the disposition of other cases, (5) he received ineffective assistance of counsel, and (6) there were…