41 So. 3d 566 - State v. Gilbert’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Defendant asserts the photographs, State’s Exhibit 7, were prejudicial and not necessary, as the defense was willing to stipulate to the cause of death. Further, Defendant maintains the photographs were not needed to prove corpus delecti or to identify the victim, and the probative value of the photographs did not outweigh their prejudicial effect. We disagree. The state is entitled to the moral force of its evidence, and post-mortem photographs of murder victims are admissible to prove corpus delicti, to corroborate other evidence establishing cause of death, as well as location and placement of wounds and to provide positive identification of the victim. Photographic evidence will be admitted unless it is so gruesome as to overwhelm jurors’ reason and lead them to convict without sufficient other evidence. State v. Broaden, 99-2124, pp. 22-23 (La.2/21/01), 780 So.2d 349, 364 , cert. denied, 534 U.S. 884 , 122 S.Ct. 192 , 151 L.Ed.2d 135 (2001) (citations omitted). The mere fact that the crime scene photographs are unpleasant, horrifying, or gruesome does not render them inadmissible, nor does the fact that the photographs bring vividly to the jurors the details of a shocking crime. The key is that the probative value of the photographs outweighs their prejudicial effect. State v. Thibodeaux, 97-1636, pp. 9-10 (La.App. 3 Cir. 11/18/98), 728 So.2d 416, 422 , writ denied, 98-3131 (La.5/7/99), 741 So.2d 27 , cert. denied, 528 U.S. 936 , 120 S.Ct. 341 , 145 L.Ed.2d 266 (1999). T”

   1 later decision quote this exact passage
   e.g. 162 So. 3d 740 - State v. Vercher