ALFREDO B. BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court affirmed a second-degree murder conviction, holding that admission of a gruesome color photograph of the deceased was not an abuse of discretion under the balancing test of Florida Statute § 90.403 because its probative value in corroborating eyewitness testimony and establishing the crime scene dimensions was not substantially outweighed by the danger of unfair prejudice.
A trial court does not abuse its discretion by admitting a gruesome color photograph of a homicide victim when its probative value in corroborating eyewitness testimony and establishing crime scene dimensions is not substantially outweighed by the danger of unfair prejudice.
[1] Under Florida Statute § 90.403, a trial court does not abuse its discretion by admitting a gruesome color photograph of a homicide victim when its probative value in corr…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the conceded relevance of the photograph in proving the fact of the homicide and the dimensions of the unusually small room where the homicide occurred was not outweighed by the danger of unfair prejudice”
The court's analysis of whether the photograph's probative value exceeded its prejudicial effect under the statutory balancing test.
Alfredo B. Brown was convicted of second-degree murder. A 2' x 3' blown-up color photograph showing the deceased on a bed with blood on the body, bed,…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Photographic Evidence cases and more on FLexlaw
PER CURIAM.
This is an appeal by the defendant Alfredo B. Brown from a judgment of conviction and sentence for second-degree murder entered below on an adverse jury verdict. The sole point on appeal is that the trial court erred in admitting in evidence an admittedly gruesome, blown-up, 2' x 3', color photograph of the deceased lying on the bed in which she was shot. The outstanding features of this gory photograph are the dead body of the deceased and the large amounts of blood on the body, on the bed, and on the floor. Although the issue presented is a close one, we conclude that the conceded relevance of the photograph in proving the fact of the homicide and the dimensions of the unusually small room where the homicide occurred was not outweighed by the danger of unfair prejudice. § 90.403, Fla.Stat. (1987).
This is particularly true here as the photograph was useful in corroborating a thirteen-year-old eyewitness’s account that the homicide was a deliberate shooting of an unarmed victim. This result is not changed by the fact that a crime scene sketch of the homicide was also admitted depicting the dimensions of the subject room. No error is, therefore, presented by the admission of the above-stated photograph, Booker v. State, 397 So. 2d 910, 914 (Fla.), cert. denied, 454 U.S. 957, 102 S.Ct. 493, 70 L.Ed.2d 261 (1981); see Patterson v. State, 513 So. 2d 1257, 1260 (Fla.1987); Isaac-Ramirez v. State 450 So. 2d 1236, 1237 (Fla. 3d DCA 1984), and the judgment of conviction and sentence under review is
AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Yahweh, 792 F. Supp. 104 (S.D. Fla. 1992)…536 So.2d 296 (Fla.App., 3d Dist.1988), the Court of Appeals held that enlarged colored photographs of an infant’s pelvic area were relevant to the jury’s understanding of the expert testimony concerning the victim’s injury. In Brown v. State 532 So.2d 1326 (Fla.App., 3d Dist.1988), the Court of Appeals held that a color photograph of the crime scene, 2 feet by 3 feet in size, of the deceased lying on the bed where she was shot with large amounts of blood on the body, bed and floor was admissible despi…
Authorities Cited
- Booker v. State, 397 So. 2d 910 (Fla. 1981)
- Booker v. Florida, 454 U.S. 957 (U.S. 1981)
- Patterson v. State, 513 So. 2d 1257 (Fla. 1987)
- Isaac-Ramirez v. State, 450 So. 2d 1236 (Fla. 3d DCA 1984)