Do Photographs from Prior Felony Hold Probative Value In a Criminal Case ?
In Duncan v. State, 619 So. 2d 279, 282 (Fla. 1993), the Supreme Court of Floridaagreed that the prejudicial effect of a gruesome photograph clearly outweighed its probative value. See: Duncan, 619 So. 2d at 283. In doing so, this Court stated:
The photograph did not directly relate to the murder of Deborah Bauer but rather depicted the extensive injuries suffered by the victim of a totally unrelated crime.
Moreover, the photograph was in no way necessary to support the aggravating factor of conviction of a prior violent felony.
A certified copy of the judgment and sentence for second-degree murder indicating that Duncan pled guilty to and was convicted of a violent felony had been introduced.
As explained above, there was also extensive testimony from Captain Stephens explaining the circumstances of the prior murder and the nature of the injuries inflicted. Duncan, 619 So. 2d at 282.
However, the Duncan Court found the error in admitting the photographs harmless beyond a reasonable doubt. See: id.