Biondi Vernard Rolle v. State

The majority holds that although the trial court abused its discretion in admitting the photograph of the unborn child, appellant suffered no harm. Because I *761believe that admission of this inflammatory photograph harmed appellant, I respectfully dissent, certain that the admission of the photograph did not influence the jury or that its influence was only slight. Therefore, I would conclude that the admission of this photograph was harmful error for the following reasons.

The majority relies heavily on Prible v. State in analyzing the harm in this case. See ante at 752-56. The admission of the…