All Content

Posted by: Chandra Williams on Jul 18, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Richard Alan Spivey and Timothy Reid Wilkerson, Kingsport, Tennessee (on appeal); and Jonathan Roberts,2 Bristol, Tennessee (at trial), for the appellant, Antonio McMiller.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Barry P. Staubus, District Attorney General; and Kent Chitwood and Lesley Tiller, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WITT

The defendant, Antonio McMiller,1 appeals his Sullivan County Criminal Court jury convictions of the sale and delivery of cocaine within a drug-free zone, claiming that the trial court erred by permitting him to proceed pro se, that the trial court violated his constitutional right to be present at trial, that the trial court erred by denying his right to counsel of choice, that he was deprived of the right to a fair and impartial jury, that the trial court erred by failing to give certain jury instructions, that the evidence adduced at trial was insufficient to support his convictions, that the trial judge’s rulings evinced judicial bias requiring recusal, and that the sentence imposed was excessive. Discerning no error, we affirm.