What is the test for admitting into evidence the challenged photographs of the murder victims?
California, United States of America
The following excerpt is from People v. Escalon, F070024 (Cal. App. 2018):
"Whether the trial court erred in admitting into evidence the challenged photographs of the murder victims depends upon two factors: (1) whether the photographs were relevant, and (2) whether the trial court abused its discretion in determining that the probative value of each photograph outweighed its prejudicial effect. [Citation.]" (People v. Ramirez (2006) 39 Cal.4th 398, 453.)
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