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Committee advances bill to broaden admissibility of autopsy photos despite defense objections
Summary
House Bill 396 would make autopsy photographs admissible in criminal trials; the bill passed committee after proponents said judges had been inconsistent, while defense attorneys urged judges retain balancing discretion to exclude prejudicial images.
The Judiciary Committee voted to report House Bill 3 96, which would make autopsy photographs admissible in criminal prosecutions. The sponsor said inconsistent judicial rulings in some death-penalty cases have prevented juries from seeing medical evidence prosecutors consider relevant.
"If you have an autopsy photo, that automatically means you have someone that is deceased," the sponsor said, arguing the photos complete narratives in jury trials. Curtis Nelson of the Louisiana District Attorneys Association filed a support card.
Megan Garvey, for the criminal-defense bar, urged the committee to add clarification that autopsy photographs remain subject to the evidentiary balancing test (probative vs. prejudicial) under the rules of evidence. "I think that amendment would allow the bill to do what the stated goal of the bill is while protecting due process," she said.
The sponsor said judges in some courts were being "judicially active" in excluding photos in death cases and the bill would provide a uniform rule. After discussion and a roll call with at least one objection recorded, the committee reported HB 396 to the floor with a favorable recommendation.
