State v. Conner, 434 A.2d 59 (Me. 1981)

State v. Conner, 434 A.2d 59 (Me. 1981)

The critical factor in this balancing test is the significance of the photograph in proving the State's case. Where the photograph has minimal significance, e. g., where it is probative only of uncontroverted facts, or where its value is merely cumulative of other less prejudicial evidence, then it is the responsibility of both the prosecutor and the trial court to examine closely those photographs that are arguably prejudicial; where the photograph has essential evidentiary value, [2] then even a gruesome photograph may properly be admitted into evidence.

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