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Huckaby v. A.G. Perry & Son5/2/2000
01. However, Rule 401 is qualified by Rule 403 which states:
Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, or needless presentation of cumulative evidence.
Tex. R. Evid. 403.
Relevant evidence will not be excluded simply on the ground that it would create prejudice if permitted. Fibreboard, 813 S.W.2d at 671. The fact that photographs are gruesome does not render them inadmissible. Id. Where relevant, however, the rejection or admission of photographs is a matter which rests largely within the discretion of the trial court, whose decision will not be disturbed on appeal absent the showing of abuse of discretion. Id.
Assuming all of the photographs were relevant for the purposes stated by the Huckabys, the trial court did not abuse its discretion in allowing them to enter only one of these sixteen photographs and disallowing the remainder. In handling the matter as it did, the court allowed the Huckabys to make their point without running the risk of presenting too many photographs and thereby substantially outweighing the probative value of the photographs by their potential for unfair prejudice, i.e., to inflame the jury. As well, curtailing the presentation of sixteen photographs can be seen as preventing the needless presentation of cumulative evidence. The Huckabys have not shown that the other photographs would prove any element not shown by the photograph admitted into evidence. This point of error is overruled.
We do not reach other points urged by the Huckabys because their determination is not necessary to our decision in the case.
Because of our determination in point seven in determining that improperly admitted evidence resulted in an improper verdict, this case is reversed and remanded to the trial court for a new trial.
Date Submitted: April 22, 1999
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