In re Miles

Moore, J., Concurring.

I write separately because I believe there were significant problems with the eyewitness identifications, including suggestive photographic lineups and improper prosecutorial tactics, which resulted in Miles' conviction. The majority opinion does not find Miles to be "factually innocent." But there is a very strong likelihood that an innocent man has spent almost 19 years in custody for a crime he did not commit.

There are several procedural safeguards that exist to protect against the misidentification of suspects, such as the double-blind administration of photographic…