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Criminal Practice – Murder – Gruesome Autopsy Photos – Unnecessary
By: South Carolina Lawyers Weekly staff//August 16, 2023//
Criminal Practice – Murder – Gruesome Autopsy Photos – Unnecessary
By: South Carolina Lawyers Weekly staff//August 16, 2023//
Listen to this articleThe only issue at defendant’s murder trial was who killed the victim – defendant or defendant’s husband. There was undisputed evidence as to how the victim died, as well as ample evidence of malice. Consequently, there was minimal probative value in gruesome photographs from the victim’s autopsy, and the trial court erred in admitting those photos.
We reverse the Court of Appeals’ decision, which affirmed defendant’s murder conviction.
State v. Nelson (Lawyers Weekly No. 010-046-23, 11 pp.) (Kaye Hearn, A.J.) Appealed from Charleston County Circuit Court (J.C. Nicholson, J.) Sarah Elizabeth Shipe for petitioner; Alan McCrory Wilson, Donald Zelenka, Melody Jane Brown, Tommy Evans and Scarlett Anne Wilson for respondent. South Carolina Supreme Court
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