Gruesome Photos are Admissible to Show Intent

State v. Stapley 2011 UT App 54 (Utah Court of Appeals, February 25, 2011).

Stapley was convicted of attempted murder.  At trial, Stapley moved to suppress certain photos of the victim’s injuries, claiming that photos were irrelevant and that admission of the photos might cause unfair prejudice.  The trial court admitted the photos.  Stapley appealed.

The Court of Appeals found that the photos were relevant.  Because the charge was attempted murder, the State had the burden of demonstrating that Defendant’s intent was to kill the victim.  The photos demonstrated both the ferocity with which the victim was attacked and the many wounds inflicted by Defendant.  The Court further found that although the pictures were indeed gruesome, and presumed prejudicial, the photos had unusual probative value.  In other words, because Defendant put forth the claim that he did not intend to kill the victim, the pictures provided proof of his intent to kill.  The pictures demonstrated that the injuries were not accidental, and such evidence of intent outweighed the possibility of unfair prejudice. Affrimed

Full Decision available at  http://www.utcourts.gov/opinions/appopin/stapley022511.pdf