Legal Opinion

Miller v. State

Court of Appeals of Georgia

Decided April 1, 1998No. A98A0536PublishedCited by 7 opinions

1Opinion of the Court

Blackburn, Judge.

Bobby Ray Miller appeals his conviction of theft by taking a motor vehicle. Miller raises several enumerations of error regarding the trial court’s denial of his motion for new trial.

1. Initially, Miller asserts that the trial court violated his equal protection and due process rights when it denied his motion for a free transcript of his initial trial which concluded in a mistrial.

Pursuant to OCGA § 17-8-5 (b), “[i]n the event that a mistrial results from any cause in the trial of a defendant charged with the commission of a felony, the presiding judge may, in his…

2Cases cited3 opinions

  1. Britt v. North CarolinaSupreme Court of the United States · 1971
  2. Burrell v. StateSupreme Court of Georgia · 1989
  3. Chance v. StateCourt of Appeals of Georgia · 1984

3Cited by7 opinions

  1. Woodson v. StateCourt of Appeals of Georgia · 2000
  2. Anderson v. the StateCourt of Appeals of Georgia · 2016
  3. Taylor v. the StateCourt of Appeals of Georgia · 2015
  4. Wooten v. StateCourt of Appeals of Georgia · 1998
  5. Kier v. StateCourt of Appeals of Georgia · 1999

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