SYDNEY and GARRETT BARR - 5 and 2 yo (2006) - Fort Smith AR

FORT SMITH, AR — The Arkansas Supreme Court has denied a
petition by the Attorney General to clarify its ruling granting a new
sentencing hearing for a man convicted of killing three people in 2006.The
court released its decision Friday in the case of James Miller, who was
found guilty in deaths of Bridgette Barr, 5-year-old Sydney Barr and
2-year-old Garrett Barr in Fort Smith. The children were visiting their
mother from Oklahoma.The court upheld Miller's murder
convictions but said family members shouldn't have been allowed to
recommend that he get the death penalty when they testified during his
original sentencing.Chief Deputy Attorney General Justin Allen
says prosecutors recognized that the victim testimony was inappropriate
but felt the court erred in its legal reasoning.Miller's attorney, James Wyatt, didn't know when the hearing would be scheduled.