Milke v. Mroz

OPINION

NORRIS, GEMMILL, SWANN, Judges:

¶ 1 Debra Jean Milke petitions this court for special action review of the superior court’s denial of her motion to dismiss the capital charges against her. She alleges a retrial would violate the Double Jeopardy Clause of the Arizona Constitution because of the State’s longstanding breaches of its constitutional duty to disclose impeachment evidence. In this extraordinary ease, we agree. The State committed egregious prosecutorial misconduct that severely prejudiced Milke’s defense, and nearly a quarter-century passed before the misconduct was fully…