How have the courts treated evidence that includes a photograph of a dead woman and a recording of her groans?

California, United States of America


The following excerpt is from People v. Seumanu, S093803 (Cal. 2015):

Evidence that serves primarily to inflame the passions of the jurors must therefore be excluded, and to insure that it is, the probative value and the inflammatory effect of proffered evidence must be carefully weighed." (People v. Love, supra, 53 Cal.2d at p. 856.) Regarding the photograph and the recording, we found the evidence to have "no significant probative value" (ibid.) absent some evidence that the victim's pain was "intentionally inflicted" (ibid.). "[E]ven if relevant and material, [the victim's] pain was more than adequately described by the doctor. There was no need to show the jurors the expression of her face in death or to fill the courtroom with her groans. Both the photograph and the tape recording served primarily to inflame the passions of the jurors and both should have been excluded." (Id. at pp. 856-857.)

Other Questions


Does the record on appeal include all of the evidence considered by the trial court, specifically the court investigator's reports? (California, United States of America)
How have the courts treated evidence of bad faith destruction of exculpatory evidence on appeal? (California, United States of America)
How have courts treated evidence in the context of evidence in a personal injury case? (California, United States of America)
In reviewing a claim of insufficiency of the evidence, does the court review the entire record in the light of the whole record? (California, United States of America)
How have the courts treated a subpoena for in camera review of records submitted to the Court of Appeal? (California, United States of America)
How have the courts treated admission of "photographic evidence"? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
How have courts treated evidence that a student was treated radically different than others in a similar situation? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
How does the Court of Appeal review a trial court's ruling to admit evidence over defendant's objection based on evidence section 352? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.