CAMPBELL, COMMISSIONER OF AGRICULTURE OF GEORGIA, ET AL.

v.

HUSSEY ET AL.; POWELL V. NATIONAL SAVINGS & TRUST CO. ET AL.; ESTATE OF GARTLAND V. COMMISSIONER OF INTERNAL REVENUE; BERRY V. UNITED STATES; MACRAE ET UX. V. COMMISSIONER OF INTERNAL REVENUE; DEC V. NEW YORK; PONS V. REPUBLIC OF CUBA

Citator

Cited By (11 total)

• Straight v. State, 397 So. 2d 903 (Fla. 1981)
  …reversible error was committed by introduction of an unnecessarily large number of inflammatory photographs, we are merely applying to the facts of this case a principle reiterated in Leach v. State [132 So. 2d 329, 331-32 (Fla.1961), cert. denied, 368 U.S. 1005, 82 S.Ct. 636, 7 L.Ed.2d 543 (1962)]. “[WJhere there is an element of relevancy to support admissibility then the trial judge in the first instant and this Court on appeal must determine whether the gruesomeness of the portrayal is so inflammatory…
• Czubak v. State, 570 So. 2d 925 (Fla. 1990)
  …esomeness 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.” Leach v. State, 132 So. 2d 329, 331-32 (Fla.1961), cert. denied, 368 U.S. 1005, 82 S.Ct. 636, 7 L.Ed.2d 543 (1962). We have consistently upheld the admission of allegedly gruesome photographs where they were independently relevant or corroborative of other evidence. [*929] See, e.g., Jackson v. State, 545 So. 2d 260 (Fla.1989)…
• Seibert v. State, 64 So. 3d 67 (Fla. 2011)
  …esomeness 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.” Leach v. State, 132 So. 2d 329, 331-32 (Fla.1961), cert. denied, 368 U.S. 1005, 82 S.Ct. 636, 7 L.Ed.2d 543 (1962). Czubak v. State, 570 So. 2d 925, 928 (Fla.1990). Moreover, ‘“[t]o be relevant, a photo of a deceased victim must be probative of an issue that is in dispute.’ Almeida v. State, 748 So. 2d 922, 929 (Fla.1999).” L…