Colin Miller

University of South Carolina School of Law

Associate Professor

Main & Greene Streets

Columbia, SC 29208

United States

  • University of South Carolina School of Law

SCHOLARLY PAPERS

30

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10

Scholarly Papers (30)

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1.

Submission Guide for Online Law Review Supplements, Version 7.0 (7/22/2013)

Number of pages: 20 Posted: 28 May 2009 Last Revised: 29 Jul 2013
Colin Miller
University of South Carolina School of Law
Downloads 3,263 (3,097)
Citation 1

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law reviews, law journals, articles, submissions, law schools, law

2.

Ordeal by Innocence: Why There Should Be a Wrongful Incarceration/Execution Exception to Attorney-Client Confidentiality

Northwestern University Law Review Colloquy, Vol. 102, p. 391, 2008
Number of pages: 13 Posted: 21 May 2008 Last Revised: 18 Sep 2012
Colin Miller
University of South Carolina School of Law
Downloads 459 (60,788)
Citation 1

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Professional Responsibility, Confidentiality, Ethics, Wrongful Incarceration

3.

Plea Agreements As Constitutional Contracts

Number of pages: 87 Posted: 11 Jul 2017
Colin Miller
University of South Carolina School of Law
Downloads 278 (107,943)

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Plea Bargaining, Contracts, Implied Covenant of Good Faith and Fair Dealing

4.

Stranger Than Dictum: Why Arizona v. Gant Compels the Conclusion that Suspicionless Buie Searches Incident to Lawful Arrests are Unconstitutional

Baylor Law Review, Vol. 62, No. 1, 2010
Number of pages: 82 Posted: 18 Aug 2009 Last Revised: 19 Sep 2012
Colin Miller
University of South Carolina School of Law
Downloads 225 (133,978)
Citation 1

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Search Incident to a Lawful Arrest, Fourth Amendment

5.

Avoiding a Confrontation?: How Courts Have Erred in Finding that Nontestimonial Hearsay is Beyond the Scope of the Bruton Doctrine

Brooklyn Law Review , Vol. 77, No. 625, 2012
Number of pages: 67 Posted: 21 Mar 2011 Last Revised: 19 Sep 2012
Colin Miller
University of South Carolina School of Law
Downloads 212 (141,828)
Citation 1

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Bruton Doctrine, Crawford, Confrontation Clause

6.

Crossing Over: Why Attorneys (and Judges) Should Not Be Able to Cross-Examine Witnesses Regarding Their Immigration Statuses for Impeachment Purposes

Northwestern University Law Review Colloquy, Vol. 104, p. 290, 2010
Number of pages: 10 Posted: 16 Sep 2009 Last Revised: 19 Sep 2012
Colin Miller
University of South Carolina School of Law
Downloads 191 (156,292)

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Impeachment, Immigration, Cross-Examination

7.

Contents May Have Shifted: Disentangling the Best Evidence Rule from the Rule Against Hearsay

Number of pages: 17 Posted: 13 Apr 2013 Last Revised: 21 Apr 2013
Colin Miller
University of South Carolina School of Law
Downloads 186 (160,137)

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Best Evidence Rule, Rule Against Hearsay

8.

Anchors Away: Why the Anchoring Effect Suggests that Judges Should be Able to Participate in Plea Discussions

Number of pages: 55 Posted: 06 Sep 2010 Last Revised: 14 Feb 2013
Colin Miller
University of South Carolina School of Law
Downloads 184 (161,701)
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Plea Bargaining, Anchoring Effect

9.

Deal or No Deal: Why Courts Should Allow Defendants to Present Evidence that They Rejected Favorable Plea Bargains

Kansas Law Review, Vol. 59, No. 407, 2011
Number of pages: 61 Posted: 18 Aug 2010 Last Revised: 19 Sep 2012
Colin Miller
University of South Carolina School of Law
Downloads 162 (180,809)

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Plea Bargaining, Mezzanatto, Federal Rule of Evidence 410

10.

The Purpose Driven Rule: Drew Peterson, Giles v. California, and the Transferred Intent Doctrine of Forfeiture by Wrongdoing

Columbia Law Review Sidebar, Forthcoming
Number of pages: 7 Posted: 15 Sep 2012 Last Revised: 29 Oct 2012
Colin Miller
University of South Carolina School of Law
Downloads 161 (181,730)
Citation 1

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forfeiture by wrongdoing, transferred intent

11.

Dismissed with Prejudice: Why Application of the Anti-Jury Impeachment Rule to Allegations of Racial, Religious, or Other Bias Violates the Right to Present a Defense

Baylor Law Review, Vol. 61, p. 872, 2009
Number of pages: 82 Posted: 06 Mar 2009 Last Revised: 19 Sep 2012
Colin Miller
University of South Carolina School of Law
Downloads 155 (187,685)

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Jury Impeachment, Right to Present a Defense, Compulsory Process Clause, Juror Bias

12.

OK Computer: The Fourth Amendment and Searches of Seized and Imaged Electronic Evidence

Number of pages: 6 Posted: 19 Jun 2013
Colin Miller
University of South Carolina School of Law
Downloads 148 (195,126)

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Fourth Amendment, Electronic Discovery, Electronic Evidence

13.

Even Better than the Real Thing: How Courts Have Been Anything But Liberal in Finding Genuine Questions Raised as to the Authenticity of Originals Under Rule 1003

Maryland Law Review, Vol. 68, p. 160, 2008
Number of pages: 78 Posted: 04 Mar 2008 Last Revised: 19 Sep 2012
Colin Miller
University of South Carolina School of Law
Downloads 143 (200,581)

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Evidence, Best Evidence Rule, Authentication, Duplicates

14.

The Right to Evidence of Innocence Before Pleading Guilty

Number of pages: 63 Posted: 02 Dec 2018
Colin Miller
University of South Carolina School of Law
Downloads 140 (204,034)

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Brady v. Maryland, Actual Innocence, Plea Bargaining

15.

Lawyers, Guns and Money: Why the Tiahrt Amendment’s Ban on the Admissibility of ATF Trace Data in State Court Actions Violates the Commerce Clause and the Tenth Amendment

Utah Law Review, Vol. 2010, No. 665, 2010
Number of pages: 79 Posted: 03 Mar 2010 Last Revised: 19 Sep 2012
Colin Miller
University of South Carolina School of Law
Downloads 134 (211,303)

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Evidence, Commerce Clause, Tenth Amendment, Firearms, ATF, Tiahrt Amendment

16.

Why States Must Consider Innocence Claims After Guilty Pleas

Number of pages: 84 Posted: 19 Aug 2018 Last Revised: 16 Mar 2019
Colin Miller
University of South Carolina School of Law
Downloads 123 (225,800)

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Actual Innocence, DNA Testing, Guilty Pleas

17.

2009 Legal Educator Blog Census, Version 2.0

Number of pages: 92 Posted: 21 Aug 2009 Last Revised: 05 Aug 2013
Colin Miller
University of South Carolina School of Law
Downloads 119 (231,424)

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blogs, law schools

18.

Sovereign Impunity: Why Double Jeopardy Should Apply in Puerto Rico

Number of pages: 9 Posted: 14 Apr 2016
Colin Miller
University of South Carolina School of Law
Downloads 98 (265,171)

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Double Jeopardy, Death Penalty, Puerto Rico

19.

The Best Offense is a Good Defense: Why Criminal Defendants' Nolo Contendere Pleas Should be Inadmissible Against Them When They Become Civil Plaintiffs

University of Cincinnati Law Review, Vol. 75, p. 725, 2006
Number of pages: 37 Posted: 13 Aug 2007
Colin Miller
University of South Carolina School of Law
Downloads 94 (272,377)

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nolo contendere pleas, plea bargaining, evidence, criminal procedure

20.

Impeachable Offenses?: Why Civil Parties in Quasi-Criminal Cases Should Be Treated Like Criminal Defendants Under the Felony Impeachment Rule

Pepperdine Law Review, Vol. 26, p. 997, 2009
Number of pages: 80 Posted: 01 Sep 2008 Last Revised: 19 Sep 2012
Colin Miller
University of South Carolina School of Law
Downloads 83 (294,489)

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impeachment, character evidence, quasi-criminal cases

21.

Cloning Miranda: Why Medical Miranda Supports the Pre-Assertion of Criminal Miranda Rights

Number of pages: 45 Posted: 08 Mar 2015
Colin Miller
University of South Carolina School of Law
Downloads 81 (298,871)

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Miranda, Right to Counsel

22.

A Public Privilege

Yale Law Journal Pocket Part, Vol. 118, p. 166, 2009
Number of pages: 4 Posted: 02 Dec 2008 Last Revised: 21 Sep 2009
Colin Miller
University of South Carolina School of Law
Downloads 74 (315,146)

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Attorney-Client Privilege, Reporter's Privilege

23.

Bullshit!: Why the Retroactive Application of Federal Rules of Evidence 413-414 and State Counterparts Violates the Ex Post Facto Clause

Nebraska Law Review Bulletin, Forthcoming
Number of pages: 10 Posted: 30 Aug 2012 Last Revised: 27 Oct 2012
Colin Miller
University of South Carolina School of Law
Downloads 68 (330,064)

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Ex Post Facto Clause, Federal Rules of Evidence 413 & 414

24.

'Manifest' Destiny?: How Some Courts Have Fallaciously Come to Require a Greater Showing of Congressional Intent for Jurisdictional Exhaustion Than They Require for Preemption

Brigham Young University Law Review, Vol. 2008, No. 1, 2008
Number of pages: 41 Posted: 10 Apr 2008
Colin Miller
University of South Carolina School of Law
Downloads 56 (363,916)

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Exhaustion, Preemption

25.

Justice of the Peace?: Why Federal Rule of Evidence 404(A)(2)(C) Should Be Repealed

North Carolina Law Review, Forthcoming
Number of pages: 48 Posted: 14 Aug 2012 Last Revised: 19 Sep 2012
Colin Miller
University of South Carolina School of Law
Downloads 49 (386,400)
Citation 1

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Character Evidence, Homicide, Self-Defense

26.

Freedom of Character: Creating a Constitutional Character Evidence Test

Carolina Academic Press Book, Forthcoming
Number of pages: 12 Posted: 07 Aug 2014
Colin Miller
University of South Carolina School of Law
Downloads 47 (393,314)

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Character Evidence, First Amendment

27.

No Explanation Required?: A Reply to Jeffrey Bellin's eHearsay

Minnesota Law Review Headnotes, 2013
Number of pages: 40 Posted: 09 Oct 2013
Colin Miller
University of South Carolina School of Law
Downloads 46 (396,784)

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Hearsay, Electronic Evidence

28.

Reciprocal Immunity

Number of pages: 15 Posted: 14 Sep 2017
Colin Miller
University of South Carolina School of Law
Downloads 45 (400,311)

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Immunity, Reciprocal Rights

29.

Beware of the Diamond Dogs: Why a 'Credentials Alone' Conception of Probable Cause Violates the Compulsory Process Clause

Loyola University New Orleans Journal of Public Interest Law (Forthcoming)
Number of pages: 5 Posted: 03 Dec 2012
Colin Miller
University of South Carolina School of Law
Downloads 41 (414,866)

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Narcotics-Sniffing Dogs, Probable Cause, Compulsory Process

30.

No Expertise Required: How D.C. Has Erred in Expanding Its Expert Testimony Requirement

Rutgers Law Record, Vol. 39, 2012
Number of pages: 32 Posted: 14 Aug 2012
Colin Miller
University of South Carolina School of Law
Downloads 31 (456,360)

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Expert Testimony, Negligence Standard of Care