State v. Miles

I concur with the majority that the trial court properly excluded evidence that prohibited Keith Donnell Miles (“defendant”) from questioning Rachel Whitmore (“the victim’s wife”) on certain issues by granting the State’s motion in limine. I also concur with the majority that the court did not err by denying defendant’s requested jury instruction on the lesser included offense of second-degree murder. However, I find that the trial court erred by denying defendant’s motion to dismiss the first-degree murder charge. Therefore, I respectfully dissent.

At the close of the State’s evidence, and…