I forgot to mention that this was a remand case, and the trial court decision was never made as there no longer was a case. Miller was dead.
But his former co-defendant, Frank Layton, was not. But he copped to a lessor charge once the indictment was reinstated. So that "further proceedings" ordered by the Supreme Court, never occurred.
14 posted on 05/26/2008 11:40:32 PM PDT by El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)