Prosecutor Misconduct No. 1700604470 - 2124369134

Robert Brady Miller
320 Robert S. Kerr Avenue, #505
Oklahoma City, Oklahoma 73102

Reporting Authority

This complaint has been forwarded to the Oklahoma Bar Association

Statement

On June 25 (Tuesday), the Oklahoma Supreme Court suspended former Oklahoma County prosecutor Robert Bradley Miller for his misconduct in murder trials that eventually led to the release of two death row inmates. In 2006, a federal judge dismissed the murder convictions of Paris Powell and Yancy Douglas after finding that a deal made between the prosecutor and the key witness in the case was never disclosed to the defense attorneys. In Tuesday’s ruling, the Oklahoma Supreme Court found that Miller misused the subpoena process to force witnesses to cooperate, failed to disclose evidence to defense attorneys, and prevented the defense from accessing evidence. In a 5-2 decision, the Oklahoma Supreme Court ordered that Miller be suspended from practicing law for 180 days and pay a fine of $12,800. Although the majority agreed to the suspension, Justice Steven Taylor wrote in his dissent that Miller should have been disbarred. Justice Taylor wrote, “Whether it was ‘decades ago’ or today, no attorney should ever commit the ‘reprehensible’ conduct in death penalty (or any other) litigation as detailed in the majority opinion and trial panel report. The actions of the respondent take us into the dark, unseen, ugly, shocking nightmare vision of a prosecutor who loves victory more than he loves justice.”

Definition of Offense(s)

Prosecutorial misconduct refers to actions by a prosecutor that are unethical, illegal, or violate the rights of a defendant.


Evidence that is favorable to the defendant (exculpatory) and could impact the outcome of the defendant’s case (material) is often called “Brady material” because of the seminal 1963 U.S. Supreme Court case, Brady v. Maryland.


Judicial proceedings type of prosecutor misconduct refers to unethical or illegal actions taken by a prosecutor during the course of a trial or other legal proceeding.


Obstruction of justice by a prosecutor refers to actions taken by a prosecutor to interfere with the administration of justice, such as hiding or withholding evidence, lying or making false statements in court, or engaging in other behavior that undermines the fairness and integrity of the legal