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McMILLAN v. STATE

No. 132, September Term, 2008.

51 A.3d 623 (2012)

428 Md. 333

Nathaniel Paul McMILLAN v. STATE of Maryland.

Court of Appeals of Maryland.

August 24, 2012.

Attorney(s) appearing for the Case

Michael T. Morley (c/o Office of the Maryland Public Defender, Baltimore, MD), on brief, for petitioner/cross-respondent.

Sarah Page Pritzlaff, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, Baltimore, MD), on brief, for respondent/cross-petitioner.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and JOHN C. ELDRIDGE (Retired, Specially Assigned), JJ.

BELL, J.

The petitioner, Nathaniel Paul McMillan, was tried by a jury in the Circuit Court for Prince George's County for the murder of Herman Haiss, a former neighbor. His defense at trial was that his participation — knocking on the victim's door, which allowed his two acquaintances to gain entrance — in the crimes with which he was charged, first-degree premeditated murder, first degree felony murder and second-degree murder,1

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