Hall Approved Free Access to American Case Law
Alabama Court of Criminal Appeals, 1992

Miller v. State

Miller v. State
Alabama Court of Criminal Appeals · Decided November 25, 1992 · Patterson, Bowen, McMillan, Montiel, Taylor
611 So. 2d 1198; 1992 Ala. Crim. App. LEXIS 2575; 1992 WL 437448 (Southern Reporter, Second Series)

Miller v. State

Opinion of the Court

PATTERSON, Judge.

DISMISSED BY UNPUBLISHED MEMORANDUM.

BOWEN, J., McMILLAN and MONTIEL, JJ., concur. TAYLOR, J., dissents with opinion.

Dissenting Opinion

TAYLOR, Judge,

dissenting.

I dissent from the majority’s dismissal of the appeal. The trial court found the appellant indigent on February 26, 1992. Not only was this finding implicit in the fact that the court ordered the preparation of a free transcript, but also explicit in that the court made a specific finding of indigency. If the appellant is not indigent, then the court unjustifiably and acting ultra vires expended public money to pay for the transcript. If the appellant is indigent, then he is entitled to appointed counsel. A direct appeal to this court is a constitutional right. I would remand for the appointment of counsel.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

↑