What is the standard of review for a request for a jury view?

California, United States of America


The following excerpt is from People v. Jones, 11 Cal. Daily Op. Serv. 1438, 121 Cal.Rptr.3d 1, 2011 Daily Journal D.A.R. 1709, 247 P.3d 82, 51 Cal.4th 346 (Cal. 2011):

[51 Cal.4th 378] Defendant contends the court erred. The standard of review for a trial court's decision to grant or deny a request for a jury view is abuse of discretion. [Citation.] When the purpose of the view is to test the veracity of a witness's testimony about observations the witness made, the trial court may properly consider whether the conditions for the jury view will be substantially the same as those under which the witness made the observations, whether there are other means of testing the veracity of the witness's testimony, and practical difficulties in conducting a jury view. ( People v. Price (1991) 1 Cal.4th 324, 422, 3 Cal.Rptr.2d 106, 821 P.2d 610.)

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