Does anyone have any good Texas Court of Criminal Appeal's case law regarding the use of demonstrative evidence? Specifically, the use of diagrams (Poser) or powerpoint presentation to assist the jury in understanding the testimony of pathologist in a murder case.
I have the general demonstrative evidence case law, but, I keep telling myself that a magical case exists that I am not aware of yet.
I need to show the judge it is OK to allow the State to use Poser during the pathologist's testimony.
Unfortunately no, the Poser program was not allowed. The judge ruled that (1)we did not give notice, and (2) it was cumulative of the autopsy photos that were already admitted prior to the powerpoint presentation. We argued that (1) we were not required to give notice and (2) it was not cumulative since all 58 wounds were not present in one picture and that Poser would give a demonstration as to how and where each wound related to the body.
Defendant was convicted and received life without parole.
