![]() 403, and the trial court did not abuse its discretion in admitting them. ![]() The probative value of the photographs is not substantially outweighed by any prejudicial effect, see Ariz. General Physician P.C., the practice group affiliated with Kaleida Health, is expanding its primary care service line at new space inside Dent Tower. The Supreme Court of Arizona disagreed, finding thatĪlthough the photographs are disturbing, none is overly gruesome. The prosecution later introduced six photographs of the crime scene, which "depict blood spatter and blood pools in relation to the victim's body and thus corroborate the opinion of the State's expert that the person who slit James's throat stood behind the chair."Īfter he was convicted, Lynch appealed, claiming, inter alia, that the trial court should have excluded these photographs. Specifically, James was found bound to a metal chair in a kitchen with his throat slit and blood pooled on the tile floor.Īt trial, to prove that the killer(s) acted with premeditation, the prosecution had a blood spatter expert testify that the person who slit James' throat likely stood behind the chair while completing the act. In Lynch, Shawn Lynch and Mike Sehwani were charged with first degree murder (both felony and premeditated), armed robbery, burglary, and kidnapping based upon acts allegedly committed against James Panzarella. This wording helps explains why American courts admit all sorts of gruesome evidence, such as the six crime scene photos deemed admissible by the Supreme Court of Arizona in its recent opinion in State v. The key phrase in this Rule is "substantially outweighed." In other words, even if the probative value of a piece of evidence is slightly or moderately outweighed by the danger of unfair prejudice that it creates, it will still be deemed admissible. Prosecutors argued that the death penalty was. Includes Address (10) Phone (4) Email (1) See Results. Also known as Phillip J Panzarella, Phil Panzarella, Philip J Panzarel, James Philip Panzarella. Related To Christopher Panzarella, Samuel Panzarella, Michael Panzarella, Michelle Panzarella, Judith Panzarella. Like its federal counterpart, Arizona Rule of Evidence 403 provides thatĪlthough 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, waste of time, or needless presentation of cumulative evidence. Lynch, who was convicted of the 2001 kidnapping and killing of James Panzarella, whom he met at a bar in Scottsdale, Ariz. Lived In Charles Town WV, Loxahatchee FL, Wellington FL, Buffalo NY.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |