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Sharee Miller is back in prison.

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Oct 3 12 5:23 AM

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Finally, Sharee Miller is back in prison where she belongs. Three years of freedom. She didn't deserve three minutes of freedom.

She won't get another trial. There is too much evidence against her, including the suicide note that put her back in prison in August.

Lady Justice, take a bow!

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#1 [url]

Oct 12 12 3:32 PM

Thanks for the heads up!!

ABC12  VIDEO AT LINK

August 30, 2012"Miller's return to prison stems, in part, from a recent U.S. Supreme Court decision tied a key issue in her case - a suicide note. "The U.S. Supreme Court has ruled the old law applies," says Miller's trial attorney David Nickola. It is a complicated case, but it appears a ruling impacting suicide notes as evidence, does not apply in Miller's case. "Sharee, unfortunately, under the old law, has been ordered to go back to prison while her appeal continues," Nickola says.

"In my opinion, justice has once again prevailed and Sharee Miller is where she belongs," says Genesee County Prosecutor David Leyton. "I'm hopeful there won't be another trial. If it becomes necessary, we will be willing to proceed," Leyton says."

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#2 [url]

Nov 24 12 6:25 PM

Mlive Flint Michigan

"After her conviction, Miller and her lawyers argued in an appeal that the note was not admissible because of the confrontation clause in the U.S. Constitution that requires a defendant to face his
or her accuser in court.The U.S. District judge agreed, and granted her a new trial. She was released in 2009 while she awaited a new trial. But after a 2011 U.S. Supreme Court ruling in a similar case, the judge had to reconsider her decision.

From the decision:
Context is important. As observed by the Michigan Court of Appeals, the circumstances in which Cassady wrote the note include his impending suicide. This context suggests that Cassady sought to explain his actions, apologize to his family for hurting them, and provide instructions for the future (i.e., the care of his son), not shift the blame to Miller or otherwise minimize his own role in the crime. Indeed, the majority of the note does these things.
Petitioner cannot meet her burden to show that the state court erred by holding that the suicide note bore sufficient "particularized guarantees of trustworthiness" to satisfy Petitioner's Sixth Amendment confrontation right."

More at link

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#4 [url]

Sep 15 15 9:19 PM

MLIVEA federal appeals court last week said the confession of Jerry Cassaday was admissible at Sharee Miller's trial.  She was sent back to prison in 2012. A U.S. District Judge ordered Miller back to prison after the U.S. Supreme Court mandated that the judge reconsider her 2009 decision that Miller be granted a new trial. The 42-year-old Miller was returned to prison in 2012, but her appeals haven't ended.

US COURT OF APPEALS COURT DOCUMENTS
From the decision:Context is important. As observed by the Michigan Court of Appeals, the circumstances in which Cassady wrote the note include his impending suicide. This context suggests that Cassady sought to explain his actions, apologize to his family for hurting them, and provide instructions for the future (i.e., the care of his son), not shift the blame to Miller or otherwise minimize his own role in the crime. Indeed, the majority of the note does these things.Petitioner cannot meet her burden to show that the state court erred by holding that the suicide note bore sufficient "particularized guarantees of trustworthiness" to satisfy Petitioner's Sixth Amendment confrontation right.

Last Edited By: patsystone Sep 15 15 9:24 PM. Edited 1 time.

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