Reese v. State

in which MEYERS, HOLLAND, WOMACK, and JOHNSON, JJ„ joined.

Rule of Evidence 403 prohibits the admission of evidence that is substantially more prejudicial than probative in criminal trials. During the punishment phase of the appellant’s capital murder trial, the trial court admitted a photograph of the victim and her unborn child lying in the casket together at their wake. Because we find that the admission of the photograph violated Rule 403, we hold that the trial court abused its discretion in admitting the photograph.

The appellant was convicted of capital murder.1 Pursuant to the jury’s…