State v. McPhie

BISTLINE, Justice,

specially concurring.

Although I have concurred in affirming, I entertain slightly different views than those therein set forth. On the issue of admitting the posed photograph, the key words in the Court’s language in State v. Oldham, 92 Idaho 124, 130, 438 P.2d 275, 281 (1968), are “sufficient ... to require reversal.” In that case, the Court made it clear that “unless rigid necessity therefor is shown, posed pictures should not be admitted which pictures simply portray a scene arranged to support a contention advanced by the profferor.” Id. Trial courts strictly adhering to…