State of Tennessee v. Robert Lee Miller

The appellant, Robert Lee Miller, was found guilty of the first degree murder of the victim, Krystal Dubuque, during the perpetration of an aggravated rape, and he was sentenced to life imprisonment in the Tennessee Department of Correction. On appeal, the appellant argues (1.) that the trial court erred in admitting a videotaped interview of the appellant dressed in his prison uniform; (2.) that the trial court should have excluded the testimony of Rodney Perkins identifying the appellant as the person he saw near the victim's car; (3.) that the trial court erred in not granting a mistrial when the State disclosed that recent blood testing had revealed that blood in the victim's underwear was not that of the appellant; (4.) that the trial court erred in not granting the appellant's motion for a judgment of acquittal pursuant to Rule 29 of the Tennessee Rules of Criminal Procedure; (5.) that the trial court erred in permitting the introduction of prior act evidence regarding the appellant's dealings with other women and specifically regarding statements about his desire to be sexually involved with the victim; (6.) that the trial court erred in not suppressing all statements made by the appellant as they were obtained in violation of his right to counsel as secured by the Tennessee State Constitution Article I, Section 9 and Amendments Five and Six of the U.S. Constitution; and (7.) that the appellant's right to a speedy trial was violated. Upon review, we affirm the judgment of the trial court. However, we must remand to the trial court for entry of a corrected judgment of conviction to reflect the appellant's guilt of count one, felony murder, instead of count two, premeditated first degree murder.