What is the test for admitting photographs of a murder victim?

California, United States of America


The following excerpt is from People v. Cox, 280 Cal.Rptr. 692, 53 Cal.3d 618, 809 P.2d 351 (Cal. 1991):

"We have repeatedly stated that the court has wide discretion in determining the admissibility of photographs of a murder victim. [Citations.] We have previously held that a court may admit even 'gruesome' photographs if the evidence is highly relevant to the issues raised by the facts.... [Citation.] However, when a defendant objects that the proffered evidence is more prejudicial that probative, the record must affirmatively show that the court weighed these factors, in order to allow proper appellate review of abuse of discretion claims. [Citation.]" (People v. Coleman, supra, 46 Cal.3d at p. 776, 251 Cal.Rptr. 83, 759 P.2d 1260.)

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