State of Tennessee, Petitioner v. James Thomas Banks, Respondent

Summary

The Tennessee Supreme Court held that color photographs of the murder victim's battered head and body were relevant to the element of deliberation or premeditation under the newly adopted Federal Rule 401 definition of relevance, but that their admission was nonetheless error because their prejudicial effect substantially outweighed their probative value under the Rule 403 balancing test the Court approved for Tennessee courts. Applying T.C.A. § 27-117, however, the Court concluded the error was harmless: the circumstances of the homicide apart from the photographs fully explain and support both the guilty verdict and the severity of the 99-year sentence. It therefore reversed the Court of Criminal Appeals' conditional grant of a new trial, reinstated the trial court's judgment, and remanded. No separate writings were filed.