Does the trial court abuse its discretion in admitting photographs of a murder victim?

California, United States of America


The following excerpt is from People v. Cole, 17 Cal.Rptr.3d 532, 33 Cal.4th 1158, 95 P.3d 811 (Cal. 2004):

We cannot conclude that the trial court abused its discretion in admitting the photographs. As we have previously observed, all photographs of murder victims are disturbing. (See People v. Heard, supra, 31 Cal.4th 946, 976, 4 Cal.Rptr.3d 131, 75 P.3d 53.) Here, although the photographs are "unquestionably unpleasant" (id., at p. 977, 4 Cal.Rptr.3d 131, 75 P.3d 53), they are not unduly gruesome or inflammatory and, as previously noted, are all relevant to issues in the case. Moreover, the trial court ruled that the photographs were sufficiently different as not to be cumulative to each other, and such a ruling is not unreasonable. The trial court did not abuse its discretion in admitting these photographs.

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