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Pike v. State

Pictures of the defendant's wife, which depicted her in various stages of undress, supported the state's theory that the defendant had a bent of mind and lustful disposition that involved taking pictures of family members in stages of undress.

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Johnny Pike was charged with five counts of sexual crimes against his daughter. A jury found him not guilty of aggravated sexual battery and aggravated child molestation, but guilty of three counts of child molestation. Pike appeals. We find no error and affirm Pike’s convictions. 1. In his first enumeration of error, Pike contends the trial court erred by admitting into evidence numerous pictures that depicted his wife in various stages of undress and showed her tattoos. According to Pike, this evidence was irrelevant and protected by the marital privilege. We find no error.

The admission or exclusion of evidence that is objected to on the ground of relevancy lies within the sound discretion of the trial court, and this Court will not disturb the trial court’s decision absent an abuse of that discretion.1 Here, the photographs complained of supported the state’s theory that Pike had a bent of mind and lustful disposition that involved taking pictures of family members in stages of undress.2 The photographs were relevant to the child molestation allegation that Pike took nude photographs of his daughter, and the trial court did not abuse its discretion in allowing the admission of the photographs over Pike’s relevancy objection.

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