Tucker v. State

Summary

The Supreme Court affirmed Tucker’s convictions, holding that the trial court properly refused to instruct the jury that a photograph did not exist when the photograph had in fact been taken. Any permissible curative instruction would have told the jury to disregard the detective’s testimony about taking the photograph, but Tucker declined the trial court’s invitation to propose such an instruction and therefore waived the issue. The court did not address the State’s cross-appeal because affirmance made it unnecessary.