Updyke v. State

The appellant, Richard Dennis Updyke, was convicted for the offense of child abuse in violation of § 26-15-3 of theCode of Alabama (1975). The appellant was sentenced to seven years' imprisonment in the State penitentiary and ordered to pay $1000 to the Alabama Crime Victims' Compensation Commission, plus court costs. For the reasons outlined below, the decision of the trial court is hereby reversed and remanded.

I

The appellant argues that the trial court abused its discretion in denying the appellant's motion to suppress the photographic evidence, or in the alternative, in failing to limit…