Photographs
Hamilton v. Inhabitants of Heath, 246 Mass. 335 (1923)
“So far as the photographs showed the precise place of the accident, they were admissible in the discretion of the court. Everson v. Casualty Co. of America, 208 Mass. 214 , 219-221.”
Com. v. Tucker, 76 N.E. 127, 189 Mass. 457 (1905)
“The use of the photograph as a chalk might be so used just as the witness in illustration of his testimony might have drawn upon a blackboard a sketch of the pieces if in the opinion of the court such an illustration might be of assistance to the ...
Commonwealth v. Carlino, 710 N.E.2d 967, 429 Mass. 692 (1999)
There were admitted in evidence many autopsy photographs of the knife and shotgun wounds. “There was a chalk depicting the location of the wounds, and extensive expert medical testimony as to the nature, extent, and severity of the wounds.”
Commonwealth v. DeSouza, 428 Mass. 667, 670 (1999)
"The question whether the inflammatory quality of a photograph outweighs its probative value and precludes its admission is determined in the sound discretion of the trial judge." "The fact that a photograph is cumulative of other evidence has not ...
Commonwealth v. Faulkner, 959 N.E.2d 458, 81 Mass.App.Ct. 1108 (2012)
“Finally, the defendant claims that the judge abused his discretion by permitting the Commonwealth to introduce exhibits 3 and 4, which were not produced to the defendant until the day of trial. When the defendant sought their exclusion, the judge ...
Commonwealth v. Pugh, SJC-10895 (MASC)
“The judge viewed photographs, which were admitted in evidence, of each of the injuries described by Dr. Henry Nields.”
Commonwealth v. St. Pierre, 11-P-654 (MACA)
“The Commonwealth also introduced photographs depicting the damage. Without objection, Detective Bourget estimated the damage.”
Kennedy v. Meech, 961 N.E.2d 164, 81 Mass.App.Ct. 1113 (2012)
“There was no abuse of the judge's broad discretion in the admission of Kennedy's photographic and videographic evidence. See Gath v. M/A-COM, Inc., 440 Mass. 482, 488 (2003).”
Commonwealth v. McCue, 959 N.E.2d 458, 81 Mass.App.Ct. 1109 (2012)
“Lay testimony from a police officer identifying a defendant from a videotape or photograph has been upheld as properly admitted in certain circumstances. The jury had the benefit of their own examination of the photographic document, and were able ...
Commonwealth v. Meinholz, 420 Mass. 633, 635 (1995)
"[W]e have rarely reversed a conviction because of the introduction of photographs of a victim."
COMMONWEALTH v. RALPH FERNANDEZ. No. 10-P-1037 March 27, 2012
“The photograph was relevant to the element of force because it enabled the jury to see that the victim was significantly smaller than the defendant at the time of the crime, and understand her testimony about being physically overpowered by the ...
Commonwealth v. Gonzalez, 962 N.E.2d 763, 81 Mass.App.Ct. 1120 (2012)
“Trial counsel maintained that the photograph of the nine year old victim admitted in evidence ‘ [c]ertainly shows that he's not mature enough. He doesn't have facial hair, he's small, and I think it's something that's a jury question that we don't ...
Commonwealth v. Place, 961 N.E.2d 597, 81 Mass.App.Ct. 229 (2012)
“At trial, the prosecution introduced a photograph of Tina from the time when the rape occurred. This was not error, as demonstrative evidence of Tina's relative size and immaturity, such as the photograph at issue, was relevant to the element of ...
Commonwealth v. Thompson, 10-P-26 (MACA)
“Viewed in the light most favorable to the Commonwealth, see Commonwealth v. Latimore, 378 Mass. 671, 677 (1979), the evidence of the scar was sufficient to permit a rational trier of fact to infer beyond a reasonable doubt that the injury in ...
Commonwealth v. Rigby, 959 N.E.2d 458, 81 Mass.App.Ct. 1109 (2012)
“After she mentioned that the perpetrator had worn sunglasses, the police officer used a felt-tipped pen to draw sunglasses on the photograph she identified and, after viewing it, she confirmed her identification.”
Commonwealth v. Giontzis, 47 Mass.App.Ct. 450, 459 (1999)
"Sanctions for noncompliance with discovery are within the judge's discretion."
Commonwealth v. Yuri Y., 957 N.E.2d 1132, 81 Mass.App.Ct. 1102 (2011)
“The authenticity of a photograph is a preliminary question of fact for resolution by the trial judge, Commonwealth v.. Figueroa, 56 Mass.App.Ct. 641, 646 (2002), and, the judge's preliminary determination concerning authenticity is conclusive unless ...
Commonwealth v. Bolling, SJC-10989 (MASC)
“Third, the defendant contends that the prosecutor mischaracterized the eight-second gap in the surveillance photographs, and by doing so improperly suggested that the defendant and Britt had the burden to prove self-defense and had failed to provide ...
Commonwealth v. Santana, 11-P-830. (MACA)
“One Holyoke police officer authenticated eight photographs of the house.”
Commonwealth v. Pleas, 49 Mass.App.Ct. 321, 328-329 (2000).
An officer was permitted to testify to the identity of an individual appearing in admitted videotaped surveillance images because we held that the officer's " testimony could be helpful to the jurors, who, of course, still had before them the ...
State v. Swinton, May 11, 2004 (Connecticut_SC 16548)
In Swinton, the use of two different software packages where one image developed through the software was admissible, but another image developed using Photoshop was found not to be admissible. It boils down to the wrong witness was put on the stand ...