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State v. Harvey

358 So. 2d 1224 (1978)

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State v. Harvey

Louisiana Supreme Court
358 So. 2d 1224 (1978)

Facts

The State of Louisiana (plaintiff) charged James Harvey, Rennie Atwell, and Diane Lawrenson (defendants) with the murder of Robert Alexander. The state subsequently granted Lawrenson immunity, and she testified against Harvey and Atwell at trial. Lawrenson testified that she, Harvey, and Atwell conspired to rob Alexander; that Harvey and Atwell murdered Alexander during the robbery; and that she, Harvey, and Atwell split the proceeds of the robbery. In addition to Lawrenson’s testimony, the state’s evidence included color photographs that showed the scene of the robbery and a bullet wound in Alexander’s body. Harvey and Atwell objected to the photographs and offered to stipulate to Alexander’s identity, the fact of Alexander’s death, and the cause of Alexander’s death. Harvey and Atwell claimed that their stipulations meant that the photographs no longer had any probative value, and they asserted that admitting the photographs would have a highly prejudicial impact. The state argued that the photographs had probative value because they corroborated Lawrenson’s testimony about how Harvey and Atwell robbed and killed Alexander. The trial court allowed the photographs into evidence. The jury ultimately convicted Harvey and Atwell, and they appealed.

Rule of Law

Issue

Holding and Reasoning (Dennis, J.)

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