What is the current state of the law around the admission of autopsy photographs?

Subsequently, People v. Leon explained the relevant legal principles in this way: "It is clear that the admission of autopsy photographs, and competent testimony based on such photographs, does not violate the confrontation clause. . . . It is also clear that testimony relating the testifying expert's own, independently conceived opinion is not objectionable, even if that opinion is based on inadmissible hearsay. [Citations.] . . . The hearsay problem arises when an expert simply recites portions of a report prepared by someone else, or when such a report is itself admitted into evidence. In that case, out-of-court statements in the report are being offered for their truth. Admission of this

Page 13

hearsay violates the confrontation clause if the report was created with sufficient formality and with the primary purpose of supporting a criminal prosecution." (People v. Leon, supra, 61 Cal.4th at p. 603.)