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eBook details

• Title: Miller v. Dormire
• Author : Eighth Circuit U.S. Court of Appeals
• Release Date : January 12, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Submitted: September 10, 2002 James Miller was charged in Missouri state court with trafficking six grams or more of a cocaine base substance in violation of Mo. Rev. Stat. §195.223.3(2) (1994). He was convicted after a bench trial and sentenced as a persistent offender to twenty years imprisonment without the possibility of parole. After exhausting state court remedies, Miller sought federal habeas relief under 28 U.S.C. § 2254, alleging that trial counsel's waiver of his right to a jury trial was made without his consent or understanding. The district court 1 granted a writ of habeas corpus, and the government appeals. We affirm. I. Background At trial, the state court judge addressed Miller's trial counsel, Bob Tyler, as follows:

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