California, United States of America
The following excerpt is from People v. Samuels, 113 P.3d 1125, 30 Cal.Rptr.3d 105, 36 Cal.4th 96 (Cal. 2005):
Nor was the probative value of the autopsy photographs clearly outweighed by their prejudicial effect. "We have described the `prejudice' referred to in Evidence Code section 352 as characterizing evidence that uniquely tends to evoke an emotional bias against a party as an individual, while having only slight probative value with regard to the issues. [Citation.] As we previously have observed, victim photographs and other graphic items of evidence in murder cases always are disturbing. [Citation.]" (People v. Crittenden, supra, 9 Cal.4th at p. 134, 36 Cal.Rptr.2d 474, 885 P.2d 887.)
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