Colin Miller

University of South Carolina School of Law

Associate Professor

1525 Senate Street

Columbia, SC 29208

United States

SCHOLARLY PAPERS

34

DOWNLOADS
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8,478

SSRN CITATIONS

0

CROSSREF CITATIONS

4

Scholarly Papers (34)

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 3,730 (3,654)

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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 490 (75,547)

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Professional Responsibility, Confidentiality, Ethics, Wrongful Incarceration

3.

Plea Agreements As Constitutional Contracts

North Carolina Law Review, Vol. 97, No. 31, 2018
Number of pages: 87 Posted: 11 Jul 2017 Last Revised: 19 Mar 2021
Colin Miller
University of South Carolina School of Law
Downloads 342 (114,554)

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

4.

The Constitutional Right to an Implicit Bias Jury Instruction

Number of pages: 53 Posted: 18 Feb 2021
Colin Miller
University of South Carolina School of Law
Downloads 270 (147,244)

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Racial Bias, Jury Instructions, Sixth Amendment

5.

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 233 (170,191)

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Search Incident to a Lawful Arrest, Fourth Amendment

6.

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 219 (180,572)
Citation 1

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Bruton Doctrine, Crawford, Confrontation Clause

7.

The Right to Evidence of Innocence Before Pleading Guilty

UC Davis Law Review, Vol. 53, No. 271, 2019
Number of pages: 63 Posted: 02 Dec 2018 Last Revised: 15 Mar 2021
Colin Miller
University of South Carolina School of Law
Downloads 211 (186,915)

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Brady v. Maryland, Actual Innocence, Plea Bargaining

8.

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 204 (192,917)

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Impeachment, Immigration, Cross-Examination

9.

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

71 Wash. & Lee L. Rev. Online 186 (2014)
Number of pages: 17 Posted: 13 Apr 2013 Last Revised: 20 Mar 2021
Colin Miller
University of South Carolina School of Law
Downloads 197 (199,096)

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Best Evidence Rule, Rule Against Hearsay

10.

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

Boston College Law Review, Vol. 54, No. 1667, 2013
Number of pages: 55 Posted: 06 Sep 2010 Last Revised: 19 Mar 2021
Colin Miller
University of South Carolina School of Law
Downloads 190 (205,713)
Citation 1

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Plea Bargaining, Anchoring Effect

11.

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 168 (228,774)

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Plea Bargaining, Mezzanatto, Federal Rule of Evidence 410

12.

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 168 (228,774)

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

13.

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 167 (229,990)

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forfeiture by wrongdoing, transferred intent

14.

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 158 (240,946)

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Fourth Amendment, Electronic Discovery, Electronic Evidence

15.

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 154 (246,123)

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Evidence, Best Evidence Rule, Authentication, Duplicates

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 153 (247,427)

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Actual Innocence, DNA Testing, Guilty Pleas

17.

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 153 (247,427)

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

18.

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 122 (294,980)

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blogs, law schools

19.

Sovereign Impunity: Why Double Jeopardy Should Apply in Puerto Rico

73 Wash. & Lee L. Rev. Online 174 (2016)
Number of pages: 9 Posted: 14 Apr 2016 Last Revised: 20 Mar 2021
Colin Miller
University of South Carolina School of Law
Downloads 112 (313,366)

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Double Jeopardy, Death Penalty, Puerto Rico

20.

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 111 (315,317)

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nolo contendere pleas, plea bargaining, evidence, criminal procedure

21.

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

Wisconsin Law Review, Vol. 2015, No. 863, 2015
Number of pages: 45 Posted: 08 Mar 2015 Last Revised: 19 Mar 2021
Colin Miller
University of South Carolina School of Law
Downloads 104 (329,611)

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Miranda, Right to Counsel

22.

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 85 (374,756)

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impeachment, character evidence, quasi-criminal cases

23.

Rectifying Wrongful Convictions Through the Dormant Grand Jury Clause

George Washington Law Review, Forthcoming
Number of pages: 65 Posted: 28 Aug 2021
Colin Miller
University of South Carolina School of Law
Downloads 84 (377,391)

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Wrongful Convictions, Grand Jury

24.

The End of Comparative Qualified Immunity

Texas Law Review Online (forthcoming)
Number of pages: 7 Posted: 02 Mar 2021 Last Revised: 20 Mar 2021
Colin Miller
University of South Carolina School of Law
Downloads 83 (380,103)

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Qualified Immunity

25.

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 82 (382,832)

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Attorney-Client Privilege, Reporter's Privilege

26.

The Strategic Use of Alibi Defenses

Emory Legal Studies Research Paper No. 21-1
Number of pages: 27 Posted: 08 Mar 2021 Last Revised: 25 Jun 2021
Kay Levine and Colin Miller
Emory University School of Law and University of South Carolina School of Law
Downloads 72 (412,139)

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Alibi, criminal defense, defense attorney, defense strategy

27.

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 72 (412,139)

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

28.

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 60 (452,659)

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Character Evidence, First Amendment

29.

'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 58 (460,209)

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Exhaustion, Preemption

30.

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 51 (487,503)

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Character Evidence, Homicide, Self-Defense

31.

Reciprocal Immunity

93 Ind. L.J. Supplement 1 (2018)
Number of pages: 15 Posted: 14 Sep 2017 Last Revised: 20 Mar 2021
Colin Miller
University of South Carolina School of Law
Downloads 48 (500,192)

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Immunity, Reciprocal Rights

32.

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 48 (500,192)

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Hearsay, Electronic Evidence

33.

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 45 (513,514)

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Narcotics-Sniffing Dogs, Probable Cause, Compulsory Process

34.

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 34 (568,159)

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Expert Testimony, Negligence Standard of Care