Criminal
Evidence
Photograph of Victim’s Wound Admissible
“If a photograph is shocking or gruesome, it is generally because the crime itself was shocking or gruesome.” A post-surgical photograph of a victim’s wound, dressed and with blood cleared away, was not more inflammatory than probative. Defense’s offer of stipulation to the severity of the wound does not bar a corroborative photograph in support of expert testimony. Statute governing “admissibility of expert testimony requires simply that it be relevant, reliable, and proffered by a qualified expert[,]” and the testimony of State’s expert on gunshot wounds and pain was admissible under that standard.
State of Missouri, Respondent, v. Mark Aaron, Appellant.
Missouri Court of Appeals, Eastern District – ED110394
