What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial?

California, United States of America


The following excerpt is from People v. Scully, 11 Cal.5th 542, 278 Cal.Rptr.3d 792, 486 P.3d 1029 (Cal. 2021):

" To determine whether there was an abuse of discretion, we address two factors: (1) whether the photographs were relevant, and (2) whether the trial court abused its discretion in finding that the probative value of each photograph outweighed its prejudicial effect. " ( People v. Lewis (2009) 46 Cal.4th 1255, 1282, 96 Cal.Rptr.3d 512, 210 P.3d 1119.) Having examined all of the photographs, we find that the trial court did not abuse its discretion.

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