Brown

Anthony Howard Brown appeals his conviction of second degree murder, contending (1) his Miranda rights were violated, (2) the court erred in admitting graphic photos of the victim, and (3) he was denied due process because the jury was not required to unanimously agree on its theory of malice. We affirm.

I

Brown and his girlfriend Roxann Moralez resided in a motel. One evening, Brown phoned the front desk requesting an ambulance for Moralez, who Brown said had fallen in the bathroom. When the paramedics arrived, Moralez was slumped in the bathtub with Brown breathing into her mouth. There was bloody water in the tub, and the shower was running. Brown yelled for the paramedics to get Moralez breathing, but she was already dead.

Moralez’s body was severely abused. She had multiple bruises on her legs, shoulders and face, a black eye, and defensive wounds on her arms. Two of her teeth had been recently knocked out as well. An internal examination of Moralez’s neck revealed extensive hemorrhaging and blood seepage caused by external force. The coroner believed Moralez was asphyxiated by strangulation, a conclusion bolstered by the fact Moralez’s tongue was clenched tightly…