Ex Parte Miller

I respectfully dissent. On January 13, 2009, Kelly Lynn Miller was indicted for vehicular homicide, a violation of § 32-5A-192, Aa.Code 1975. The indictment issued by the grand jury did not include the necessary element of mens rea. See § 13A-2-4(b), Ala.Code 1975; Ex parte Edwards 816 So.2d 98, 101 (Ala.2001) (“A statute creating a criminal offense, with the exception of a strict-liability statute, requires a culpable mental state.”). Miller pleaded guilty and was sentenced to five years in prison. When she entered her guilty plea, Miller stated on the record her intention to reserve the…