Legal Opinion

State v. Miller

Louisiana Court of Appeal

Decided March 27, 2019No. 18-639Published

1Opinion of the Court

THIBODEAUX, Chief Judge.

Defendant Edwin Albert Miller was charged with one count of stalking, second offense, a violation of La.R.S. 14:40.2(4). After a twelve-person jury unanimously found him guilty of the offense, he was sentenced to twenty years at hard labor without the benefit of probation, parole, or suspension of sentence, with credit for time served. On appeal, Defendant asserts that his defense counsel's failure to object to the impaneling of a twelve-person jury in the trial of a six-person-jury offense constitutes a claim for ineffective assistance of counsel, and thus requires a…

2Cases cited27 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. State v. SmithSupreme Court of Louisiana · 1983
  3. State v. DuncanSupreme Court of Louisiana · 1982
  4. State v. SmithLouisiana Court of Appeal · 2003
  5. State v. TelseeSupreme Court of Louisiana · 1983

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