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Final Copy 287 Ga. 748 S09G1828. THE STATE v. MILLER. HINES, Justice. We granted certiorari to the Court of Appeals in State v. Miller, 298 Ga. App. 584 (680 SE2d 627) (2009), to consider the proper standard for analyzing whether the destruction of potentially exculpatory evidence rises to a violation of due process and whether that standard was met in this case. For the reasons that follow, we conclude that the appropriate standard, which has been set forth in precedent from this Court, was not applied by the Court of Appeals, and further, that such standard was not met in Miller's case. The opinion by the Court of Appeals stated the following. On November 22, 2007, a Gwinnett County police officer stopped a vehicle driven by Miller because of a tag violation. Upon learning that there were outstanding warrants for Miller's arrest on charges that he had committed a simple battery on September 9, 2007, a robbery and battery on October 5, 2007, and another battery and simple battery on September 28, 2007, the officer arrested Miller, and he was incarcerated. The officer seized Miller's cell phone for use as

evidence, apparently because a picture of a gun was displayed on the screen saver and the officer thought Miller had been charged with armed robbery. However, the property sheet completed by the officer stated that the cell phone could be released to Miller, and it referenced only the traffic case against Miller and not the other criminal charges. Miller's residential address, as written down by the officer on the property sheet, was incorrect. The tag violation against Miller was resolved, and the police department sent a notice dated December 19, 2007, informing Miller that it had property in its custody that would be disposed of within 90 days if he did not retrieve it. But, the notice was sent to the incorrect address set forth on the property sheet, rather than to Miller's correct permanent address or to the facility where he remained in custody. The notice was returned to the police department with the notation "insufficient address, unable to forward." The preliminary hearing on the outstanding charges was scheduled for December 5, 2007, by which time Miller was represented by appointed counsel. Miller told his attorney that his cell phone contained contact information for two witnesses who could provide Miller with an alibi on October 5, 2007, as well as a third witness who had information about the victim named in the
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indictment, which information corroborated Miller's defense. On January 29, 2008, the police department submitted an application, pursuant to OCGA

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