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State v. Miller

Court of Appeals of Idaho

September 24, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
JUSTIN B. MILLER, Defendant-Appellant

As Corrected March 12, 2015.

Page 1155

2014 Opinion No. 76

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Benjamin R. Simpson, District Judge.

Judgment of conviction and sentences for aggravated assault and battery, affirmed.

Sara B. Thomas, State Appellate Public Defender; Diane M. Walker, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.

GUTIERREZ, Chief Judge. Judge LANSING and Judge MELANSON, CONCUR.

OPINION

Page 1156

GUTIERREZ, Chief Judge

Justin B. Miller appeals from his judgment of conviction after a jury found him guilty of aggravated assault and of battery. Specifically, he challenges several evidentiary rulings. For the reasons that follow, we affirm.

I.

FACTS AND PROCEDURE

This case arises out of a New Year's celebration that went awry. Several people were at Miller's house in Post Falls in the early hours of New Year's Day. Testifying at trial, a female house guest (the battery victim) recalled that she was in the kitchen when another guest asked the battery victim if she heard screams. The battery victim proceeded to the living room and could hear screams coming from the bedroom, which adjoined the living room. Opening a door to the bedroom, the battery victim saw Miller standing in front of his wife, who was sitting on the edge of the bed, and saw Miller with his hands around his wife's neck, choking her. The battery victim intervened, but she was pushed away by Miller and hit her head on the open door. Two male ...


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