Miller v. State

*110Justice BEATTY:

In this case, the post-conviction relief (PCR) court found trial counsel was not ineffective in establishing Bruce Randall Miller’s defense of third-party guilt for the charge of armed robbery. This Court granted certiorari to review the PCR court’s decision. Because Miller’s sole defense was mistaken identity and third-party guilt, we conclude there is no probative evidence to support the PCR court’s findings of fact and conclusions of law regarding trial counsels effectiveness. Therefore, we reverse the decision of the PCR court and grant Miller relief with respect to his…