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State v. Hamilton4/12/2002
issue.
When determining the admissibility of scientific evidence, the Supreme Court of Ohio in Miller v. Bike Athletic Co. (1998), 80 Ohio St.3d 607, adopted the test set forth by the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993), 509 U.S. 579. The Daubert court stated that a court must analyze the testimony and determine if the reasoning or methodology used is scientifically valid. Miller, at 611, citing Daubert, at 592-593. The court went on to state " n evaluating the reliability of scientific evidence, several factors are to be considered: (1) whether the theory or technique has been tested, (2) whether it has been subject to peer review, (3) whether there is a known or potential rate of error, and (4) whether the methodology used has gained general acceptance." Id. at 611, citing Daubert, at 593-594.
The Supreme Court of Ohio has recognized the use of fingerprints for identification purposes in criminal cases, stating " ingerprints corresponding to those of the accused are sufficient proof of his identity to sustain his conviction, where the circumstances show that such prints, found at the scene of the crime, could only have been impressed at the time of the commission of the crime." State v. Miller (1977), 49 Ohio St.2d 198, syllabus.
At the motion in limine hearing, appellant had an expert witness testify about the potential problems that can be associated with fingerprint evidence. The court heard this evidence and decided to allow the admission of the fingerprint evidence. Further, at trial, the state's witness was cross-examined about the potential for error in fingerprint analysis.
Fingerprint evidence is admissible if it can meet the test set forth in Daubert and adopted by Miller. Hence, the trial court did not abuse its discretion by denying the motion in limine regarding the fingerprint evidence.
Appellant further objects to the scientific reliability of the fingerprint evidence in this case, arguing that the latent fingerprint found on the gun was small. However, the size of the fingerprint goes to the weight to be given to the evidence, not to the admissibility of the evidence.
Appellant's second assignment of error is without merit.
Appellant's sixth assignment of error is:
"The trial court abused its discretion by admitting photographs over the objection of trial counsel and to the prejudice of the appellant."
There were seven photographs of the victim's body taken during the autopsy that were admitted into evidence. Again, the trial court has broad discretion in determining the admissibility of evidence.
The Supreme Court of Ohio has recently stated the following in regard to the admissibility of photographs in a murder case:
"Under Evid.R. 403 and 611(A), the admission of photographs is left to a trial court's discretion. State v. Landrum (1990), 53 Ohio St.3d 107, 121; State v. Maurer (1984), 15 Ohio St.3d 239, 264. Nonrepetitive photographs in capital cases, even if gruesome, are admissible if the probative value of each photograph outweighs the danger of material prejudice to the accused. Id. paragraph seven of the syllabus; *" (Parallel citations omitted.) State v. Nields (2001), 93 Ohio St.3d 6, 25-26.
Although no picture of a murder victim is pleasing, whether or not it is gruesome is a separate inquiry. The Supreme Court of Ohio held that pictures of a homicide victim showing knives stuck into his torso were not particularly gruesome, while, in the same case, held that pictures of a second victim, showing the victim with pieces of her brain next to her, were gruesome. State v. Tibbetts (
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