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Click here for the full text of this decision FACTS:The appellant was charged with sexual assault of a child and indecency with a child. At trial, photographs of nude men were admitted, over defense objection, to prove an element of the indecency count. The jury was instructed to consider that evidence for the indecency count only. On appeal, the court of appeals concluded that the trial court erred in admitting the evidence and that the appellant was harmed. The court reversed the indecency conviction. The court granted review of the appellant’s claim that the harm from the evidence was not limited to the indecency count, but that it also had a spillover effect on the sexual assault count. HOLDING:Affirmed. The appellant asserts that in determining the photographs to be inadmissible, the court of appeals concluded that the pictures were highly inflammatory and, because the evidence against the appellant was not overwhelming, the error was not harmless. According to the appellant, the harm from the pictures not only influenced the jury in its finding of indecency with a child, but also in its guilty verdict on the count of sexual assault of a child. In determining whether there was a spillover effect in the present case, the court of appeals considered United States v. Pelullo, 14 F.3d 881 (3rd Cir. 1994), a case from the 3rd U.S. Circuit Court of Appeals, which noted that, although the invalidation of the conviction on one count will not generally lead to reversal on other counts, there is a possibility of a spillover effect from the tainted count that could be sufficiently prejudicial to require reversal of all counts. The court recognizes the possibility that inadmissible evidence admitted for one purpose could spill over and taint another conviction. The court declines to adopt the 3rd Circuit’s approach to determine whether there was spillover in this case. An analysis of the factors set forth in Pelullo is unnecessary to the outcome of this case because the jury was instructed that it was to consider the pictures of the nude males only as evidence of intent on the indecency count, “and for no other purpose.” The critical determination is whether the trial court’s instruction was effective to prevent spillover. The instruction in this case is clear, determinative, and it unambiguously limited the consideration of the pictures to the indecency charge. It refers to count two of the indictment, which was the charge for indecency with a child, and makes clear that the pictures were to be used for no other purpose than count two. On appeal, the court generally presumes the jury follows the trial court’s instructions in the manner presented. The presumption is refutable, but the appellant must rebut the presumption by pointing to evidence that the jury failed to follow the trial court’s instructions. In this case, the appellant has failed to rebut the presumption that the jury did not follow the trial court’s instruction. In light of the trial court’s proper instruction regarding the use of the evidence and the appellant’s failure to rebut the presumption that the jury followed that instruction, the court presumes that the jury did not consider the nude pictures in their determination of guilt on the charge of sexual assault of a child. Therefore, the appellant failed to demonstrate that there was any spillover effect resulting from the admission of the pictures. OPINION:Price, J., delivered the court’s opinion.

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