Can a motion to exclude photographic evidence be denied on grounds of abuse of discretion?

California, United States of America


The following excerpt is from People v. Hernandez, H038995 (Cal. App. 2014):

discretion "implies absence of arbitrary determination, capricious disposition or whimsical thinking." ' [Citation.] '[D]iscretion is abused whenever the court exceeds the bounds of reason, all of the circumstances being considered.' [Citation.]" (People v. Mullens (2004) 119 Cal.App.4th 648, 658.) Similarly, "[w]e review a ruling denying a motion to exclude photographic evidence on grounds of undue prejudice or cumulativeness for abuse of discretion." (People v. Ochoa (1998) 19 Cal.4th 353, 415.)

4. Admission of the Evidence Did Not Constitute an Abuse of Discretion

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