SAMUEL ALLEN JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Samuel Jackson appeals his conviction for aggravated battery with a deadly weapon, challenging the trial court's admission of a photograph showing the victim's injuries in a hospital bed. The appellate court affirmed the conviction, holding that the photograph was relevant to prove Jackson used the knife as a deadly weapon and was not so inflammatory as to constitute reversible error.
The trial court did not err in admitting the photograph. The photograph was relevant to demonstrate that Jackson used the knife in a manner qualifying it as a deadly weapon, specifically by showing the location and proximity of the stab wounds to the victim's heart. The photograph was not so shocking or gruesome in nature as to allow unfair prejudice to substantially outweigh its relevance.
[1] Photographic evidence of victim injuries is admissible if otherwise relevant, even if not an element of the offense charged.
[2] Photographs of injuries in an aggravated battery case may be relevant to prove the occurrence of the battery and that a weapon used qualified as a deadly weapon.
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Join FLexlaw to unlock all legal intelligence“[E]vidence of victim injury, even where not an element of the offense charged, is admissible if otherwise relevant.”
Establishes the general admissibility rule for victim injury evidence in battery cases
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Join FLexlaw to unlock all legal intelligenceJackson was convicted of aggravated battery with a deadly weapon for stabbing a victim with a knife, causing two stab wounds to the victim's back and …
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Samuel Allen Jackson appeals his judgment and sentence for aggravated battery with a deadly weapon. We affirm all issues raised in his appeal and write only to address Jackson’s argument that the trial court erred in admitting a photograph depicting the victim’s injuries. Jackson argues that the photograph was not relevant, was inflammatory, and had a high probability of creating unfair prejudice. We disagree. Because the photograph was relevant to prove that Jackson used a deadly weapon in the course of the battery and the photograph was not shocking in na*506ture, the trial court did not err in admitting the photograph into evidence.
“[E]vidence of victim injury, even where not an element of the offense charged, is admissible if otherwise relevant.” T.B. v. State, 669 So.2d 1085, 1086 (Fla. 4th DCA 1996) (en banc). Photographic evidence of injuries in an aggravated battery case may be relevant to determine whether a battery occurred in the first place, and if the charge is aggravated battery with a deadly weapon, to demonstrate that the weapon in question was used in a manner that would qualify it as a deadly weapon. Id.; see also Brooks v. State, 726 So.2d 841 (Fla. 5th DCA 1999) (holding that evidence of the victim’s injuries was relevant to corroborate that a battery took place and that the wooden-handled kitchen knife used in that battery qualified as a deadly weapon).
Here, the photograph at issue was offered by the State to prove that Jackson used the knife in a manner that would allow the knife to qualify as a deadly weapon when he stabbed the victim. § 784.045(l)(a)2., Fla. Stat. (2014). The victim sustained two stab wounds on the side of his back and two in his chest. The photograph depicted the victim lying on a hospital bed wearing a breathing mask and with IV tubes running to his body. The photograph also showed gauze on the victim’s chest, where he was stabbed twice. Other photographs were admitted into evidence without objection, but those showed close-up views of the stab wounds. The photograph of the victim in the hospital bed indicated to the jury in a way that other subsequent photographic .exhibits submitted by the State could not, the location of the stab wounds, specifically, the proximity of those wounds to the victim’s heart. Thus, the photograph was relevant to whether Jackson used the knife in a deadly manner.
Further, the photograph’s relevance was not substantially outweighed by the danger of undue prejudice. The Florida Supreme Court explained the standard for admitting graphic photographs of a victim:
This Court has long followed the rule that photographs are admissible if they are relevant and not so shocking in nature as to defeat the value of their relevance. Where photographs are relevant, “then the trial judge in the first [instance] and this Court on appeal must determine whether the gruesomeness of the portrayal is so inflammatory as to create an undue prejudice in the minds of the jury and [distract] them from a fair and unimpassioned consideration of the evidence.” We have consistently upheld the admission of allegedly gruesome photographs where they were independently relevant or corroborative of other evidence.
Hertz v. State, 803 So.2d 629, 641 (Fla. 2001) (quoting Czubak v. State, 570 So.2d 925, 928 (Fla. 1990)).
The photograph of the victim in this case could not be described as gruesome or graphic. It did not depict significant amounts of blood. In fact, the victim’s wounds were covered by gauze. Further, the victim had recovered by the time of trial and the jury was instructed that its “verdict should not be influenced by feelings of prejudice, bias or sympathy.”
The photograph was not shocking in nature; other photographs depicting the victim’s injuries were admitted into evidence; the victim had fully recovered by the time of trial; and the jury was instructed appropriately to avoid acting out of prejudice, bias, or sympathy. Therefore, the danger of unfair prejudice did not outweigh the photograph’s relevance.
*507For these reasons, Jackson’s judgment and sentence are AFFIRMED.
LEWIS and KELSEY, JJ., CONCUR.
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Johnson v. State, 47 Fla. L. Weekly D1695 (Fla. 1st DCA 2022)…2528, *2, 47 Fla. L. Weekly D1695 (Fla. 1st DCA Aug. 10, 2022). “Graphic photographs of a victim’s injuries are admissible if they are relevant and not so shocking in nature as to defeat the value of their relevance.” Id. (quoting Jackson v. State, 212 So. 3d 505, 506 (Fla. 1st DCA 2017)). “[T]he test for admissibility of photographic evidence is relevancy,” not necessity. Jennings v. State, 123 So. 3d 1101, 1126 (Fla. 2013). But relevant photos are inadmissible if the probative value is “substantially outwe…
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Reynolds v. State (Fla. 1st DCA 2022)…re relevant, the photos were overly gruesome and should have been excluded. Graphic photographs of a victim’s injuries “are admissible if they are relevant and not so shocking in nature as to defeat the value of their relevance.” Jackson v. State, 212 So. 3d 505, 506 (Fla. 1st DCA 2017) (quoting Hertz v. State, 803 So. 2d 629, 641 (Fla. 2001)). The trial court was tasked with determining “whether the gruesomeness of the portrayal is so inflammatory as to create an undue prejudice in the minds of the jury an…
Authorities Cited
- Czubak v. State, 570 So. 2d 925 (Fla. 1990)
- Guerry Wayne HERTZ v. State, 803 So. 2d 629 (Fla. 2001)
- T.B. v. State, 669 So. 2d 1085 (Fla. 4th DCA 1996)
- Taylor v. State, 726 So. 2d 841 (Fla. 1st DCA 1999)