State v. Sperling
2011 Mo. App. LEXIS 1509
| Mo. Ct. App. | 2011Background
- Appellant Sperling was convicted by a jury of first-degree domestic assault and armed criminal action.
- The trial court sentenced Sperling to two concurrent terms of twenty-five years.
- Photographs of Sperling's arms were admitted at trial over defense objection.
- The photographs depicted fresh scratches on Sperling's arms.
- Sperling argued the photos were prejudicial due to prison, occult, or other distasteful tattoos.
- The court reviewed the admissibility of the photographs under standard abuse-of-discretion and prejudice considerations and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of arm photographs | Sperling argues tattoos make photos prejudicial | Photos accurately depict scratches and are probative | Admissible; no abuse of discretion |
| Prejudice versus probative value | Photographs prejudicial due to tattoos and negative character implications | Photos are demonstrative, corroborative, and not prejudicial | Any error, if present, not prejudicial to fair trial; overwhelming evidence supports conviction |
Key Cases Cited
- State v. Strong, 142 S.W.3d 702 (Mo. banc 2004) (abuse of discretion standard for photographic evidence)
- State v. Garvey, 328 S.W.3d 408 (Mo.App. E.D.2010) (prejudice vs. probative value in photo admission)
- State v. McGowan, 184 S.W.3d 607 (Mo.App. E.D.2006) (scope of admissibility of photos in trials)
- State v. Jaco, 156 S.W.3d 775 (Mo. banc 2005) (photos must fairly depict and aid understanding; probative value outweighs prejudice)
- State v. Rousan, 961 S.W.2d 831 (Mo. banc 1998) (photographs relevant and not excluded for mere prejudice)
- State v. Tokar, 918 S.W.2d 753 (Mo. banc 1996) (prejudice vs. probative value framework)
- State v. Brooks, 960 S.W.2d 479 (Mo. banc 1997) (photographs as corroborative and explanatory aid)
- State v. Walker, 639 S.W.2d 854 (Mo.App. E.D.1982) (usefulness of photographs to assist jury)
- State v. Ward, 569 S.W.2d 341 (Mo.App.St.L.D.1978) (illustrative evidentiary value of photos)
- State v. Christeson, 50 S.W.3d 251 (Mo. banc 2001) (standard for reviewing trial court evidentiary rulings)