State v. Sergey Buslayev, 299 P.3d 324

April 9, 2013 decision in MT 2013 MT 88; Montana Supreme Court.
Buslayev appeals a jury verdict finding negligent homicide and criminal endangerment.
December 17, 2008 collision on I-90 at McGee Point; victim Jerry Parrick died after Buslayev's tractor-trailer struck Parrick’s parked rescue pickup.
Parties stipulated Parrick died as a result of injuries when struck by Buslayev’s truck; stipulation deemed proven.
Buslayev moved to exclude five photos of the victim’s body; District Court admitted most photos after balancing probative value against prejudice.
Court held the photos were probative to explain the accident and Buslayev’s speed, not unduly prejudicial, and admission did not constitute abuse of discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of victim photos under MRE 403	Buslayev argues photos are prejudicial and non-probative given stipulation	State contends photos illustrate speed, impact, and circumstances; probative value outweighs prejudice	District Court did not abuse discretion; photos properly admitted

State v. Montgomery, 327 Mont. 138; 112 P.3d 1014 (2005 MT 120) (approval of probative value vs prejudice balancing for evidence)
State v. Dunfee, 327 Mont. 335; 114 P.3d 217 (2005 MT 147) (photographs with instructional value admissible if not unduly prejudicial)
State v. Henry, 241 Mont. 524; 788 P.2d 316 (1990) (probative value not outweighed by prejudice when relevant)
State v. Heuther, 284 Mont. 259; 943 P.2d 1291 (1997) (standard for evaluating photographic evidence admissibility)
State v. Bieber, 339 Mont. 309; 170 P.3d 444 (2007 MT 262) (probative value vs prejudice in photo evidence)
State v. Schauf, 352 Mont. 186; 216 P.3d 740 (2009 MT 281) (photographic evidence admissibility considerations)
State v. Devlin, 251 Mont. 278; 825 P.2d 185 (1991) (MRE 403 balancing framework for photos)
State v. Austad, 197 Mont. 70; 641 P.2d 1373 (1982) (abuse-of-discretion standard in evidentiary rulings)