Opinion
No. 2021-KK-01357
11-17-2021
STATE of Louisiana v. Brian Anthony PORTER
Writ application denied.
Crichton, J., would grant and assigns reasons.
Crain, J., would grant.
CRICHTON, J., would grant and assigns reasons:
I would grant the State's writ application and remand to the trial court to conduct a proper review and balancing test regarding the admissibility of the crime scene photographs under La. C.E. art. 403. The State is entitled to the moral force of its evidence, and postmortem photographs of murder victims are generally admissible to prove corpus delicti , to corroborate other evidence establishing cause of death, location, placement of wounds, or positive identification of the victim. State v. David H. Brown , 18-1999, p. 53 (La. 9/30/21), ––– So.3d ––––, citing State v. Letulier , 97-1360, pp. 17-19 (La. 7/8/98), 750 So.2d 784, 794–95 ; State v. Robertson , 97-0177, p. 29 (La. 3/4/98), 712 So.2d 8, 32 ; State v. Koon , 96-1208, p. 34 (La. 5/20/97), 704 So.2d 756, 776 ; State v. Maxie , 93-2158, p. 11 n.8 (La. 4/10/95), 653 So.2d 526, 532. Moreover, regarding the admissibility question involving the handwritten letters, I would also grant the State's writ application and reverse the lower court's ruling. In my view, the State has shown proper authentication of the letters under La. C.E. art. 901(A) ("The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.").
La. C.E. art. 403 provides:
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, or waste of time.