The final oral arguments Indiana Supreme Court justices will hear this month concern whether a preliminary instruction was given in error to a jury regarding a man’s unlawful possession of a firearm.
The high court later this week will hear oral arguments in the case of Terrance Trabain Miller v. State of Indiana, 22S-CR-00059.
In the case, Miller was charged with multiple drug offenses, unlawful possession of a firearm by a serious violent felon, resisting law enforcement and being a habitual offender. His attorney agreed to give the jury a preliminary instruction on unlawful possession of a firearm by a SVF, so that charge was not bifurcated.
Miller was found guilty on all charges and the Cass Circuit Court granted the state’s post-verdict motion to dismiss the unlawful possession charge and sentenced Miller.
The COA reversed and remanded, however, concluding that giving the preliminary instruction was fundamental error. Justices will hear the case at 9 a.m. on March 31.