STATE OF TENNESSEE v. KIMBERLY MILLER - Articles

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STATE OF TENNESSEE v. KIMBERLY MILLER

Posted by: Karen Belcher on Jun 11, 2020

Court: TN Court of Criminal Appeals

Attorneys 1: Jonathan L. Miley, Nashville, Tennessee (on appeal), and Stanley Pierchoski, Pulaski, Tennessee (at trial), for the Appellant, Kimberly Miller.

Attorneys 2: Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Senior Assistant Attorney General; Brent A. Cooper, District Attorney General; and Daniel Runde, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): OGLE

The Appellant, Kimberly Miller, was convicted of first degree premeditated murder and first degree felony murder. The convictions were merged, and she was sentenced to life imprisonment. On appeal, she challenges the sufficiency of the evidence underlying her convictions. Specifically, the Appellant contends that the evidence “does not show that it was [the Appellant’s] conscious desire to kill the victim in this case, nor that she acted in concert with the shooter, or that she was an active participant in the shooting.” Therefore, she could not be found criminally responsible for the first degree premeditated murder of the victim. The Appellant also contends that “the evidence unquestionably established that [the Appellant] did not share the intent of [the victim’s] assailants nor did she actively participate in any facet of the armed robbery and subsequent shooting”; therefore, she cannot be held criminally responsible for the felony murder of the victim. Upon review, we affirm the judgment of the trial court.

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