Texas Rule of Evidence 403 Interpretation

Admissibility of photographs is within the sound discretion of the trial court. Hayes v. State, 85 S.W.3d 809, 815 (Tex. Crim. App. 2002). Rule of Evidence 403 provides that even relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury or by consideration of undue delay, or needless presentation of cumulative evidence. Rule 403 favors admissibility and contains a presumption that relevant evidence will be more probative than prejudicial. Hayes, 85 S.W.3d at 815. A trial court's decision will be upheld if it is within the zone of reasonable disagreement. Autopsy photographs are generally admissible unless they depict mutilation caused by the autopsy itself. Id. at 816; Salazar v. State, 38 S.W.3d 141, 151 (Tex. Crim. App.), cert. denied, 534 U.S. 855, 151 L. Ed. 2d 82, 122 S. Ct. 127 (2001).