- April 26, 2024
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Paul Miller, who was convicted of second-degree murder in May, is appealing the court’s decision, according to a court order filed Tuesday.
Miller, now 66, shot and killed his neighbor Dana Mulhall in 2012. Immediately before the shooting, the two men argued over the fence they shared: Miller’s dog was barking too loudly, Mulhall said.
The argument escalated, and Miller shot Mulhall five times. He died in his yard.
Miller later said he shot Mulhall out of fear. The two had argued before, and several months before the shooting, Miller called 911 and said Mulhall was threatening him.
A jury deliberated for about 1.5 hours in May before convicting Miller. He was sentenced to life in prison without the possibility of parole.
Miller’s appeal is unlikely to be heard by the Florida Supreme Court, which hears only a fraction of appeals filed statewide and only has exclusive jurisdiction over capital punishment cases. In addition to cases involving a death sentence, the Florida Supreme Court hears cases whose decisions affect a large class of constituents and cases that involve questions of constitutionality (both for the state and national constitutions).
Instead, Miller’s case will likely be heard by a district court of appeal. Hearings in these courts are overseen by a panel of three judges, two of whom must agree to render a decision.
Circuit Judge J. David Walsh signed the order Tuesday to appoint a public defender for Miller’s appeal process.
