State v. Johnson (1984)

In State v. Johnson, 118 Wis. 2d 472, 348 N.W.2d 196, 200 (Ct. App. 1984), "a one-witness identification case," Johnson, 348 N.W.2d at 200, "the defense of mistaken identity was supported somewhat by the testimony of a relative, an ex-relative and, primarily, by photographs of an alleged look-alike who happened to be the son of the resident of the house into which the purse-snatcher fled." Id. The Court concluded that because the photographs had not been displayed to the jury during the trial, it was error for the trial court not to allow them to go to the jury during deliberations. Id. The Court observed that it was "at least plausible that the photographs could have provided the basis for an acquittal" and, therefore, "under these circumstances, ... providing the jury the opportunity to see the photographs was essential to the defendant's defense." Id.