State v. Miller

CURETON, A.J.

Shawn Antonio Miller appeals his convictions and sentences for murder and the possession of a firearm during the commission of a violent crime, arguing the trial court erred in instructing the jury it could infer malice from the use of a deadly weapon, despite the presentation of evidence that would mitigate or reduce the offense. We reverse and remand for a new trial.

FACTS

On October 26, 2007, Miller and his friend, Christopher Blount, visited a crack house. At some point, Miller indicated he was ready to leave. When Blount refused to leave, Miller produced a handgun, which…