Page:Aka v. Jefferson Hospital Association, Inc.pdf/20

646   Ark. 449, 915 S.W.2d 702 (1996), ''cert. denied'', 117 S. Ct. 246 (1996). Arkansas Rule of Evidence 403 provides for the exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time. Although evidence is relevant, it may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

[22, 23] Absent an abuse of discretion, this court will not reverse a trial court for admitting photographs. Jones v. State, 329 Ark. 62, 65, 947 S.W.2d 339, ''cert. denied'', 118 S. Ct. 574 (1997). In Jones, we specifically addressed the guideposts for determining whether a trial court has abused its discretion. We noted that although the relevancy and admission of photographs is a matter within the sound discretion of the trial court and that we are highly deferential to that discretion, we have rejected a carte blanche approach to the admission of photographs. Id. (citing Carmago v.State, 327 Ark. 631, 940 S.W.2d 631 (1997) (internal citations omitted)). In making the admission determination, we require a trial court to consider, first, whether the relevant evidence creates a danger of unfair prejudice, and, second, whether the danger of unfair prejudice substantially outweighs its probative value. Id., 329 Ark. at 66, 947 S.W.2d at 341.

[24] Importandy, after applying the Rule 403 balancing test, we have held that:

"even the most gruesome photographs may be admissible if they tend to shed light on any issue, to corroborate testimony, or if they are essential in proving a necessary element of a case, are useful- to enable a witness to testify more effectively, or enable the jury to better understand the testimony. Other acceptable purposes are to show the condition of the victim's bodies, the probable type or location of the injuries, and the position in which the bodies were discovered. Of course, if a photograph serves no valid purpose and could only be used to inflame the jury's passions, it should be excluded."

Id.

Here, appellant offered expert testimony that the resident physicians' attempts to rupture Mrs. Aka's membrane were the events causing the onset of amniotic fluid embolism, the cause of her death. During Dr. Peretti's testimony, appellant sought to admit a