Motions in limine

Autopsy photographs

Autopsy photographs are admissible if the evidence is highly relevant to the issues raised by the facts. People v. Coleman 1988 46 Cal.3d 749, 776. However, "Unnecessary admission of gruesome photographs can deprive a defendant of a fair trial and require reversal of a judgment." (People v. Marsh (1985) 175 Cal.App.3d 987, 997. Courts have recognized, "Autopsy photographs have been described as 'particularly horrible,' and where there viewing is of no particular value to the jury, it can be determined the only purpose of exhibiting them is to inflame the jury's emotions against the defendant. (Id. at pp. 997 997–998.) This is a case about negligence. The autopsy photographs have little probative value as to that issue. They can only seek to inflame the passions of the jury and create undue prejudice. If the prosecution seeks to introduce the photographs as evidence that a person is deceased the defense is willing to stipulate thatthat the victim was a human being and was alive be fore the alleged criminal act was committed and dead afterwards ””. A similar stipulation was found to be proper in People v. Bonin (1989) 47 Cal.3d 808, 848, 848–849, and that it was error for the court to have allow photographs of the deceased when the defense was ready to make the stipulation.