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Miller v. State

Under the preponderance of evidence standard, the trial court properly found that there was sufficient evidence that the two prior rapes, which were admitted into evidence as similar transactions, occurred and were committed by the defendant.

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A jury convicted Ivan Dale Miller of rape, and the trial court denied his motion for new trial. On appeal, Miller challenges the sufficiency of the evidence. He further contends that the trial court erred in admitting similar transaction evidence and in limiting his direct examination of a witness. Lastly, Miller contends that his trial counsel rendered ineffective assistance in several respects. For the reasons that follow, we affirm.

Following a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict. See Wynn v. State, 322 Ga. App. 66 744 SE2d 64 2013. So viewed, the evidence showed that around midday on March 25, 2009, the female victim was stranded by the side of a highway after her car broke down. She was alone and did not have a working cell phone. Miller pulled over to the side of the highway in his pickup truck and offered the victim a ride. After Miller assured the victim that he had a wife and children and only wanted to help her, she got in his truck. Once Miller began driving, his demeanor changed and he became aggressive, grabbing the victim by the hair and forcing her head down in the seat. Miller drove to a secluded wooded area where he repeatedly struck the victim and “kept pounding her in her ribs,” verbally abused her, and forced her to have vaginal intercourse with him. He then warned the victim to “keep her mouth shut” and fled from the scene in his truck.

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