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Conviction Reversed Due to Erroneous Admission of a Photo

Photo evidence is often used in criminal cases and photography is a common element in criminal investigation. Crime scenes are photographed. Injuries are photographed. Suspects are photographed. Evidence is photographed. Photo evidence is frequently admissible at trial in criminal cases when relevant. Though rules of evidence allow for the exclusion of photo evidence when the danger of unfair prejudice outweighs the probative value of the evidence, the most important consideration is typically the probative value. Very relevant photos will typically be admitted even at the risk of prejudice. The recent Tennessee case of State v. Chesteen, W2012-01998-CCA-R3-CD (Tenn.Crim.App. 8-29-2014) is a rare example of where a criminal conviction was reversed due to the appellate court conclusion that the admission of photo evidence was in error.

Conviction Reversed Due to Erroneous Admission of a Photo

Photo evidence is often used in criminal cases and photography is a common element in criminal investigation. Crime scenes are photographed. Injuries are photographed. Suspects are photographed. Evidence is photographed. Photo evidence is frequently admissible at trial in criminal cases when relevant. Though rules of evidence allow for the exclusion of photo evidence when the danger of unfair prejudice outweighs the probative value of the evidence, the most important consideration is typically the probative value. Very relevant photos will typically be admitted even at the risk of prejudice. The recent Tennessee case of State v. Chesteen, W2012-01998-CCA-R3-CD (Tenn.Crim.App. 8-29-2014) is a rare example of where a criminal conviction was reversed due to the appellate court conclusion that the admission of photo evidence was in error.

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