Are Pictures of Unborn Children Admissible As Evidence ?
Can you present pictures of unborn children as evidence in court ?
In State v. Alfieri, 132 Ohio App. 3d 69, 724 N.E.2d 477 (Ohio App. 1 Dist.), appeal not allowed, 85 Ohio St. 3d 1477, 709 N.E.2d 849 (1999). and State v. Williamson, 919 S.W.2d 69 (Tenn. Crim. App. 1995) Ohio and Tennessee courts permitted the admission of pictures of unborn children.
In both cases, the subjects of the pictures were victims named in the indictments, and the photographs had been introduced during the guilt-innocence phase of the trials.
Although the photograph in this case was admitted during the punishment phase when evidence is more likely to be admissible, the facts that the photograph depict are not facts of consequence that were in dispute.