State v. Bocharski
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| State v. Bocharski | |
| Court | Supreme Court of Arizona |
|---|---|
| Citation | |
| Date decided | |
Facts
D was charged with a woman’s murder. D challenged admission of 6 gruesome photos
Issues
- Are the photos relevant?
- Even if relevant, did the photos introduce unfair prejudice due to their gruesomeness?
Holding
- The photos are relevant under 401/402.
- However, there is unfair prejudice because the photos have potential to generate a decision outside the facts, because the photos are gruesome.
Judgment
Affirmed.
Reasons
Court does NOT reverse; admitting the photos was harmless error because there’s enough other evidence.
Rule
Probative value is diminished if there are other ways to prove a point.
Comments
Think about how prejudicial evidence can be mitigated (e.g., black & white photos rather than color, voir dire, limiting jury instructions)
