Double Jeopardy Photo Array.

Byline: Derek Hawkins

WI Court of Appeals District I

Case Name: State of Wisconsin v. Mickey L. Miller

Case No.: 2017AP2323-CR

Officials: Kessler, P.J., Brennan and Brash, JJ.

Focus: Double Jeopardy Photo Array

Mickey L. Miller appeals a nonfinal order of the trial court denying his motion to dismiss the armed robbery and false imprisonment charges against him. Miller was previously granted a mistrial, without prejudice, after the existence of an additional photo array was discovered during his trial. That additional photo array contained the picture of an individual that police believed could have been the perpetrator, but the victim eliminated him as a suspect.

The existence of that additional photo array was unknown to either party prior to trial; however, its discovery directly impacted Miller's primary theory of defense, which revolved around the identification of the other suspect. Furthermore, the State was unable to immediately obtain information regarding the additional photo array. As a result, the trial court granted the defense's request for a mistrial.

After an investigation relating to the additional photo array, the State sought to reschedule...