What is the test for a motion to exclude photographs of a murder victim from evidence?
California, United States of America
The following excerpt is from People v. Lucas, 12 Cal.4th 415, 48 Cal.Rptr.2d 525, 907 P.2d 373 (Cal. 1995):
We review the trial court's order denying defendant's motion to exclude the photographs pursuant to Evidence Code section 352 for abuse of discretion. (People v. Ashmus (1991) 54 Cal.3d 932, 973, 2 Cal.Rptr.2d 112, 820 P.2d 214.) As we have explained, "a trial court has broad discretion in determining the admissibility of murder victim photographs in the face of a claim ... they are unduly gruesome or inflammatory." (People v. Wilson (1992) 3 Cal.4th 926, 938, 13 Cal.Rptr.2d 259, 838 P.2d 1212.)
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