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Miller v. State

Defendant's purported motion to void his conviction constituted an improper second appeal of his murder conviction.

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The appellant, Tyrone Miller, was convicted of murder in 1995 and sentenced to life in prison. This Court affirmed his conviction on direct appeal.1 In January 2003, Miller, relying on OCGA § 17-9-4,2 filed the present motion to void his conviction. In the motion, he contended that the trial court erred in denying his Batson challenge; in failing to charge on voluntary manslaughter; in ruling that his pre-trial statement to police was admissible; and in permitting a police officer to give materially false testimony about his pre-trial statement. Miller also contended that he received ineffective assistance of trial counsel. The trial court ruled that Miller was attempting an improper second appeal of his conviction and that, even if the issues Miller raised had merit, they would not render his conviction void. The court thus denied Miller’s motion to void his conviction. Having examined the record, we conclude that the trial court correctly ruled that Miller was attempting a second appeal of his conviction. Moreover, this Court has recently held that when a defendant attempts such a second appeal, it is improper and should be dismissed.3 We reiterate that holding today, and, accordingly, dismiss the present appeal.

Appeal dismissed . All the Justices concur .

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