Kimberly Miller v. State of Tennessee

Petitioner, Kimberly Miller, appeals as of right from the Maury County Circuit Court’s denial of her petition for post-conviction relief, wherein she challenged her convictions for first degree premeditated murder and first degree felony murder, for which she received a life sentence.  On appeal, Petitioner asserts that she was denied the effective assistance of counsel based upon trial counsel’s failure to permit Petitioner “to make a knowing, intelligent, and voluntary decision on whether to assert—or not assert—the statute of limitations for all lesser[-]included offenses of first degree murder and first degree felony murder” and counsel’s failure to file a motion to dismiss, “along with alternative requests for mandatory or permissive jury instructions, related to the violation of [Petitioner’s] Due Process rights under the federal and state constitutions” based upon a lengthy, pre-indictment delay.  Following a thorough review, we affirm.