The case of Carlos Miller started in 2007 while he was on assignment as a photojournalist for a now-defunct website. He took some photos of police, refused their order that he stop, then found himself in succession with his head against concrete, in the back of a police car, a jail cell, and finally in front of Judge Jose L. Fernandez.
Though sometime between jail and judge, Miller started a blog tellingly entitled "Photography is Not a Crime - It's a First Amendment Right." Fernandez used excerpts from the blog in his ruling, even though they were written after the arrest. Miller received a year of probation, 100 hours of community service, and anger management classes, but he decided to appeal. Today, his blog brings news that he's won that appeal. He'll stand trial before another judge, even though he's already served his sentence.
Congratulations Carlos, but of course the plot thickens: he admits to being arrested a second time for photographing cops just this past May. He's being charged with, "resisting arrest without violence," and in a case of deja vu will go before Judge Fernandez again.
Though, Miller feels confident, because of his appeal victory, he'll have no problem getting assigned another judge, and in this case faces lesser chargers.
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