State v. Torres
390 S.C. 618
S.C.2010Background
- Torres was identified as the driver in a one-car wreck and linked to the Emerys' deaths.
- Police found the Emerys' belongings in the van and executed a welfare check at their residence.
- Authorities discovered Charles Ray Emery dead and Ann Emery fatally injured; autopsy identified Torres via semen/DNA.
- During sentencing, the State introduced a video of prison guards pepper-spraying Torres after he resisted a pat-down.
- Sixteen autopsy photographs were admitted during sentencing; three were excluded as duplicative, thirteen admitted.
- Torres challenged the autopsy photographs under Rule 403 and the video under Rule 403 and Section 16-3-25(C)(1); the court admitted both after ruling on prejudice and relevance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether autopsy photographs were allowable under Rule 403 | Torres argues photographs were unduly prejudicial. | Torres contends Rule 403 excludes them; the State relies on corroboration and context. | Photographs properly admitted; not an abuse of discretion. |
| Whether the video of pepper-spraying violated 16-3-25(C)(1) or Rule 403 | Torres argues the video injected arbitrary factor and was prejudicial. | Video is relevant to adaptability to prison life and deserving of probative value. | Video admissible; probative value outweighs prejudice. |
Key Cases Cited
- State v. Brazell, 325 S.C. 65 (1997) (guides Rule 403 balancing for photographs)
- State v. Nance, 320 S.C. 501 (1996) (photographs may corroborate testimony)
- State v. Holder, 382 S.C. 278 (2009) (autopsy photos admissible to show circumstances and defendant's character)
- State v. Rosemond, 335 S.C. 593 (1999) (photographs used to illustrate crime circumstances and defendant's conduct)
- State v. Burkhart, 371 S.C. 482 (2007) (relevance of prison-life evidence; admissibility limits in sentencing)
- State v. Kornahrens, 290 S.C. 281 (1986) (broader probative value in sentencing phase)
- State v. Copeland, 278 S.C. 572 (1982) (relevance of character and circumstances in sentencing)
- State v. Gulledge, 277 S.C. 368 (1982) (limits on taking videotape transcripts into jury room)
- State v. Allen, 386 S.C. 93 (2009) (proportionality considerations in combined offenses)
- State v. Woods, 382 S.C. 153 (2009) (proportionality in death-penalty sentencing)