State v. Mills

Ernest Lavelle Mills appeals from an order denying his motion for a new trial. He claims that he was denied the effective assistance of counsel when the court began its instruction of the jury before Mills’ attorney arrived at the courtroom. The state concedes that the court erred in not waiting for Mills’ attorney, but argues that the error was harmless. Because we conclude that the harmless error rule may be extended to include this limited denial of Mills’ constitutional right to counsel, and that the error in this case was harmless, we affirm.

Mills was convicted of being a party to a…