Court v. State

Appellate review.

While Miller v. California, supra, and following cases expressly stated

“. . . [t]he First Amendment values applicable to the States through the Fourteenth Amendment are adequately *573protected by the ultimate power of appellate courts to conduct an independent review of constitutional claims when necessary.” Id. at page 25.

Miller failed to expressly state the nature and scope of such an independent review. As a result of this void in Miller, two theories have arisen as to the nature and scope of the independent review. One theory holds that the independent appellate review must…