State v. Derr

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that common-law “gruesome photograph” rule was abrogated by adoption of the Rules of Evidence
• ruling that “the admissibility of photographs over a gruesome objection must be determined on a case-by-case basis pursuant to Rules 401 through 403”
• holding that “[t]he West Virginia Rules of Evidence remain the paramount authority in determining the admissibility of evidence in circuit courts. These rules constitute more than mere refinement of common law evidentiary rules, they are a comprehensive reformulation of them.”
• finding that the trial court “misapplied the Rule 403 standard and therefore abused its discretion”
• noting that change of venue was not warranted when voir dire “failed to indicate any such hostility or partiality against the defendant that could not be laid aside” (citation omitted)
• finding “that the probative value in showing the jury the condition, identity, and location of the body clearly outweigh[ed] any speculative prejudicial effect”

Source: CourtListener parenthetical corpus (CC0).