People v. Murbarger

Defendant was found guilty of three counts of first-degree murder and was sentenced to 50 years in prison. On appeal, defendant argued that he was denied a right to a trial by an impartial jury when the trial court denied his request for a change of venue and for appointment of an expert to conduct a phone survey, that he was entitled to a hearing to determine whether the protections established in Miller v. Alabama applied to him, and that one of his two murder convictions should be vacated under the one-act, one-crime rule. The appellate court affirmed defendant’s conviction but vacated his conviction and sentences on two of the charges under the one-act, one-crime rule. (BOIE and McHANEY, concurring)