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Archive for Monday, March 23, 2009

Convicted murderer Martin Miller claims ineffective assistance of counsel

A Lawrence man convicted of murdering his wife in 2004 is back in a Douglas County courtroom.

March 23, 2009

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A Lawrence man convicted of murdering his wife in 2004 was back in a Douglas County courtroom Monday.

Martin Miller, 50, is claiming his constitutional rights were violated during the first degree murder trial in June 2005.

He is currently serving 25 years to life in prison for strangling his wife, Mary, inside their central Lawrence home.

Miller is arguing that he received “ineffective assistance” from his attorney, Mark Manna, during the trial.

Manna spent Monday afternoon on the witness stand, testifying about how he determined which potential jurors to strike.

Miller is expected to take the stand today when the hearing continues.

District Attorney Charles Branson said he doesn’t believe there were any trial errors that would affect Miller’s constitutional rights and that the conviction should stand.

The Kansas Supreme Court upheld Miller’s conviction in 2007.

Comments

jonas_opines 5 years ago

"Isn't American Justice great!"

Better than most. Or do you have an example of a system that is perfectly impervious to abuse?

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Slowponder 5 years ago

If his claim of ineffective assistance of counsel is based upon the trial strategy of his attorney in jury strikes, then his claim is a nonstarter.

I hope Mr. Miller enjoyed his visit to our community. Ya'll come back, ya'heah . . . . . . . . . in about 300 years.

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OldEnuf2BYurDad 5 years ago

Yeah, that's what I was noticing: his selfishness says "I only care for me". His kids are being impacted by these anticts in the same way that they were by his crime against them. He's nuts.

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sarahsmilehawk 5 years ago

There's little room for doubt in my mind that he is 100% guilty. I'm disappointed to see that he's dragging all this up again. His children seem well adjusted, all things considered, and I bet this resurfacing is painful.

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IamRight 5 years ago

Marion is exactly correct and there is a direct correlation.

What is done to the least can be done to all.

The right to appeal is a right we all have, regardless of what others think. To deny him is to deny us all.

Regarding Obama...To tell an insurance company what it can pay its employees, means he can tell your company. if he can tax AIG bonuses at 90%, he can tax your bonus at 90%. You may trust Obama and the democrat controlled congress. But, if you allow this...possibly the next president will decide that your money is now something he/she can then demand. You have to think it out...and not just sign on because you like the guy.

That is the deal with rights...what you seek to take from others can also be taken from you. That's why, sure some may abuse the system...but best to have that, than for us all to lose what is guaranteed to us.

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lawthing 5 years ago

Yep he had the right to: kill his wife ruin his childrens lives ruin his own life cheat on his wife be adicted to porn

Now he has the right to: demand a new trial! Apeal Apeal Apeal!

Isn't American Justice great!

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ocean 5 years ago

sure he has a right to appeal.

he is no doubt having a tough time as a former 'born again' with the fact that he killed his wife & longtime companion.

sadly, he's nuts.

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OldEnuf2BYurDad 5 years ago

Spiritually speaking, Miller is not yet "broken". He thinks peace will be found in freedom from the bars of his cell. The only freedom he can hope for is the freedom that comes from confessing the truth, taking responsibility for his sins against his wife, his children and his God, and turning back to God for grace. The rest of this "defense" is simply more self-worship (which, by the way, is what C.S. Lewis said pornography does to a man: it teaches him to worship himself).

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consumer1 5 years ago

Marty Miller now has the benefit of "jail house" lawyers. Convicted Felons who because of the liberal left have nothing to do except sit around the prison library and study the law. We finance their education and they have learned well how to manipulate the judicial system to their advantage. That is why the appeals system and the prison systems need to be reworked.

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georgeofwesternkansas 5 years ago

Miller and Tiller are using the same defense...Its the lawyer's fault...

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logrithmic 5 years ago

Miller is history - so don't get your undies in a bunch. He got what he deserves.

Another "good Christian" bites the dust.

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DGL 5 years ago

If he really did get ineffective counsel, why did it take Miller 5 years to figure that out? Oh, right, because it's the only card he has left to play.

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tjhoops69 5 years ago

misplacedcheese....would you please name the church, as I think I may be attending this church??

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viewfromahill 5 years ago

"Marion writes: And what we don't give away, Barack Hussein Obama is taking from us."

FAIL

:-)

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Pudgy1 5 years ago

Why doesn't Marion, with all his guns, stand up for his rights and not allow them to be taken from him?

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bennyoates 5 years ago

I never thought I'd agree with Marion on anything but I have to say he's right about Mr. Miller's right to appeal.

I kind of doubt if Marion would stick up for Leonard Peltier and Mumia Abu Jamal in the same way, but who knows?

But then, a few posts later, Marion reverts to his old self, shrieking about how the President is stripping away our rights.

Don't worry Marion, no matter what else Barack Hussein Obama does, your right to make a fool of yourself endures and will endure, just like cockroaches and Keith Richards. (With apologies to Keef, of course, one of my favorite people.)

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Defender 5 years ago

"And what we don't give away, Barack Hussein Obama is taking from us."

Proof? Source? Anything?

I didn't think so. More BS.

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Multidisciplinary 5 years ago

Good to know cheese, bravo.

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jonas_opines 5 years ago

Let us not place blame Onto others for our own Personal choices

doubly applicable

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Marion Lynn 5 years ago

viewfromahill (Anonymous) says…

Marion, no need to fear the taking of our rights; we're givin' 'em away."

Marion writes:

And what we don't give away, Barack Hussein Obama is taking from us.

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viewfromahill 5 years ago

Marion, no need to fear the taking of our rights; we're givin' 'em away.

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Christine Anderson 5 years ago

Multi: Nope. Absolutely not. O.T.M. Thank you for your thoughts for the children. While their lives will never be the same, the best chance they have to move on is due to the people who legally adopted them. They are gold.

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overthemoon 5 years ago

multi...you know, I was just thinking about him yesterday. Weird. Must have a pretty damned strong aura or energy level or what ever. He is one strange character. We were neighbors for years and we figured out pretty quickly that he was residing on another planet.

I just hope those kids are doing well.

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Multidisciplinary 5 years ago

cheese, A question. Do you still attend that church that wanted to censor your actions?

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Marion Lynn 5 years ago

misplacedcheesehead (Anonymous) :

That is all fine and well but has absolutely nothing to do with the fact that if you deny Miller his rights, you also deny yourself the same rights.

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drugcompton 5 years ago

cheesehead- ignore Marion Sidney Lynn...he and his mommie are moving to Romania soon...isnt that right Marion Sidney Lynn?

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Christine Anderson 5 years ago

Marion: Yes, he has the right to appeal. But you must understand that Marty's murdering his wife destroyed his children's lives, split a church, and horribly wounded those of us who were friends of Mary. I was not as close a friend as many other women were; I had barely begun to get to know her, and the next thing I know, we are getting calls that Mary is dead. Our so-called spiritual leader at that time ordered us all not to talk about it. Not only do not talk to reporters, but don't even talk among yourselves. In other words, bury it. Bury the shock, rage, and pain of one of your fellow worship team members being murdered by someone who had promised to love her. Ignore it all. As for jailhouse wife Laura, I have no idea why any woman would knowingly marry a man convicted of murder. She's clearly an idiot. What does he have to offer her? Not money. He can't offer her sex, as he does not get conjugal visits. I think you have to have no brain whatsoever to marry this piece of cow manure. Laura even knew Mary when she was attending the same church. So yeah, my blood boils every time Marty comes up in another article, and the wound just opens again. I only wish he had been given the death penalty. Would have brought popcorn to the execution. So yes, I am pissed!!!, and it's a safe bet I'm not the only one.

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drugcompton 5 years ago

Marion Sidney Lynn- you punk ass bitch...you reall wanna talk rights? didnt think so...

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Marion Lynn 5 years ago

It is Miller's right to appeal just as it would be YOUR right to appeal.

Want to take away YOUR rights?

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Multidisciplinary 5 years ago

Weird, I was just thinking of him last night.

I imagine he's been doing a lot of bitching to that jailhouse wife. As when any man goes on a fishing trip, the wife is usually glad to have the place to herself for a while.

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Norma Jeane Baker 5 years ago

I wonder what his jailhouse wife thinks of all this?

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viewfromahill 5 years ago

"Miller is arguing that he received “ineffective assistance” from his attorney, Mark Manna, during the trial."

Manna from heaven Miller the killer seeking Divine assistance

(curse thee, Ronda Miller! ... hmm....)

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Chris Ogle 5 years ago

hey misplace- you are not pissed off are you?

Guess what..... me too!!

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Christine Anderson 5 years ago

Da@# you, Marty!!! You are a sick, perverted, murderous piece of scum, and you are exactly where you deserve to be! You took the life of your children's mother, for G-d's sake, and you do not have any soul, or you would be begging forgiveness instead of continuing to deny your guilt. I sincerely hope you burn in Hell.

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TJ_in_Lawrence 5 years ago

How sad that he can abuse our legal system and tie up our judiciary just because he wants to.

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Steve Jacob 5 years ago

Don't do the crime and you don't have to do the time. And if his only case of ineffective counsel is the jury pool I have to laugh. What did he want, an all male jury? That's fair?

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