2008-M-093             State of Minnesota, Respondent, vs. Franklin Alan Miller, Appellant, Franklin Alan Miller, Petitioner-Appellant, vs. State of Minnesota, Respondent.

A Saint Louis County jury found Franklin Alan Miller guilty of two counts of first-degree murder and two counts of kidnapping for the July 2004 kidnapping and death of Travis Holappa.  The district court convicted Miller for first-degree murder committed in the course of kidnapping, Minn. Stat. § 609.185 (a)(3) (2006), and sentenced him to life in prison. 

Miller filed a direct appeal, which was stayed pending the filing of a petition for post-conviction relief.  After holding an evidentiary hearing, the post-conviction court denied relief and Miller has appealed that decision.  We now consider both Miller’s direct and post-conviction appeals.  Miller argues that (1) the grand jury indictment should have been dismissed because the State withheld exculpatory evidence from the grand jury; (2) the court committed reversible error when it excluded reverse-Spreigl evidence; (3) the court committed reversible error in admitting the victim’s hearsay statements; (4) the State’s discovery violations warrant a new trial; (5) the State committed misconduct by not correcting false testimony; and (6) he received ineffective assistance of trial counsel.  We affirm.  

Paul Anderson  ( Page, Meyer, Barry Anderson, Gildea, and Dietzen)

               Took no part:  Magnuson

[MURDER}