Whether the admission, without an analysis of the risk of prejudice, of over 40 gruesome photographs of the victim's body, depicting post-mortem decomposition and animal predation, violates a defendant's Eighth and Fourteenth Amendment rights to due process, a fair trial, and a reliable conviction and sentence

QUESTION PRESENTED At Michael Belcher’s capital murder trial, the State introduced over 40 gruesome autopsy and crime scene photographs of the victim’s body, depicting post-mortem decomposition and animal predation. The State’s medical examiner admitted that the photographs told the jury nothing about the victim’s cause of death. Despite the inflammatory nature of these photographs and their conceded lack of probative value, the trial court failed to conduct even a cursory analysis of the risk of prejudice before admitting the photos. The Alabama Court of Criminal Appeals affirmed, similarly without conducting a prejudice analysis. The question presented is thus: In a capital case, does the admission, without an analysis of the risk of prejudice, of over 40 gruesome photographs of the victim’s body, depicting post-mortem decomposition and animal predation, violate a defendant’s Eighth and Fourteenth Amendment rights to due process, a fair trial, and a reliable conviction and sentence? i STATEMENT OF RELATED CASES State of Alabama v. Michael Belcher, No. 2016-161, Tuscaloosa County Circuit Court. Judgment entered April 3, 2019. Michael Belcher v. State of Alabama, No. CR-18-0740, Alabama Court of Criminal Appeals. Opinion entered December 16, 2020. Ex parte Michael Belcher, No. 1200374, Alabama Supreme Court. Order entered May 21, 2021. State of Alabama v. Michael Belcher, No. 2016-161.60, Tuscaloosa County Circuit Court. Petition for post-conviction relief currently pending, filed May 12, 2021. ii