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You are at:Home»State News»Appeals panel order new trial for Lawrence man

Appeals panel order new trial for Lawrence man

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By KMAN Staff on February 12, 2012 State News

LAWRENCE, Kan. (AP) A Kansas Court of Appeals panel has ruled that a former Lawrence man convicted of killing his wife should get a new trial because of an error in jury instructions at his 2005 trial.

The Lawrence Journal-World reports the panel determined there was an error in jury instructions about reasonable doubt in the trial of Martin K. Miller, who was convicted of first-degree murder in the death of his wife, Mary E. Miller.

The instructions stated jurors must find Miller innocent if they have reasonable doubt about the truth of “each” claim prosecutors had to prove, and that they should find him guilty if they have no reasonable doubt about the truth of “any of the claims.”

The panel said the wording put Martin at a disadvantage.

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