What is the evidentiary test for abuse of photographic evidence in a sexual assault case?
California, United States of America
The following excerpt is from People v. Bello, G051573 (Cal. App. 2017):
The court agreed with the prosecutor and excluded the photographs: "There is no way that the investigator could testify that this is the way it looked on the night in question. So the People's objection is sustained."
We review the trial court's evidentiary rulings for abuse of discretion. (People v. Thompson (2010) 49 Cal.4th 79, 128.)
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