Miller v. State

OPINION

FRANK F. DROWOTA, III, J.,

delivered the opinion of the court,

in which E. RILEY ANDERSON, C.J., ADOLPHO A. BIRCH JR., JANICE M. HOLDER and WILLIAM M. BARKER, JJ., joined.

We granted petitioner, David Earl Miller’s application for permission to appeal to determine whether this Court’s decision in State v. Brown, 836 S.W.2d 530 (Tenn. 1992) created a new state constitutional rule regarding the elements of deliberation and premeditation. Petitioner claims that Brown created a new state constitutional rule and that the jury instructions given at his initial trial violated this rule by…