Clark v. Commonwealth

I must respectfully dissent from the majority opinion which reverses this conviction because I believe Clark was not unduly prejudiced when the prosecution introduced relevant photographic evidence which provided assistance to the jury; there was no improper introduction of prior bad acts. The victim impact statement did not invalidate the sentence fixed by the jury, and neither the instructions, nor the prosecutor’s argument impermissibly lessened the responsibility of the jurors in fixing a sentence.

First, Clark was not unduly prejudiced when the prosecution introduced photographic evidence…