What is the test for admitting photographic evidence of a murder victim as evidence at trial?
California, United States of America
The following excerpt is from People v. Winn, 253 Cal.Rptr.3d 821, 40 Cal.App.5th 1213 (Cal. App. 2019):
I believe the trial court's ruling was a proper exercise of its discretion. (See People v. Anderson (2018) 5 Cal.5th 372, 402, 235 Cal.Rptr.3d 1, 420 P.3d 825 [" The trial court has broad discretion both in determining the relevance
[40 Cal.App.5th 1226]
of evidence and in assessing whether its prejudicial effect outweighs its probative value. [Citation.]"]; People v. Boyette (2002) 29 Cal.4th 381, 424, 127 Cal.Rptr.2d 544, 58 P.3d 391 ( Boyette ) ["Trial courts have wide discretion in admitting such photographic evidence .... Photographic evidence of murder victims while they were alive is not necessarily inadmissible"].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
