State v. Buslayev
Annotate this CaseAfter a jury trial, Defendant was convicted of negligent homicide and criminal endangerment. Prior to trial, Defendant filed a motion in limine requesting that five photos of the victim's body be excluded from evidence at trial. Defendant argued that the photos were highly prejudicial in that they depicted death, and the photos had no probative value. The district court granted Defendant's request as to one photo but allowed the State to use the remaining photos. The Supreme Court affirmed, holding that the district court did not err when it admitted the photos of the victim into evidence where the court correctly balanced the probative value of the photos against their prejudicial effect.
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