State v. WalterAnnotate this Case
Defendant was charged with attempted manufacture of a controlled substance of maintaining a public nuisance. During closing arguments, the State presented to the jury a slideshow that included an enlarged color photograph of Defendant in which Defendant was wearing an orange prison jumpsuit with the words “GUILTY” superimposed in large letters running diagonally across his face. Defendant filed a motion for a new trial based on the State’s use of the altered evidence in the slideshow during closing argument. The Supreme Court vacated the trial court’s judgment and remanded for a new trial, holding that the State’s use of the altered photograph of Defendant impinged upon the presumption of innocence and the fairness of the fact-finding process, and therefore, the trial court erred in failing to grant Defendant a new trial.