Erazo v. State

OPINION

in which MEYERS, WOMACK, JOHNSON, HOLCOMB and COCHRAN, JJ., joined.

A picture is worth a thousand words. Yet those words, in the context of a criminal trial, must be the right words. Otherwise, the picture from whence the words flow is inadmissible. A photograph is inadmissible under Rule of Evidence 403 if it is substantially more prejudicial than probative. In this case, the trial court admitted a photograph of the victim’s unborn child.1 We hold that, under the circumstances of this case, the photograph was substantially more prejudicial than probative. We reverse the judgment of the…