What is the test for admitting photographs of victims as evidence in a murder case?

California, United States of America


The following excerpt is from People v. Lemus, E062798 (Cal. App. 2016):

"'"[M]urder is seldom pretty, and pictures, testimony and physical evidence in such a case are always unpleasant."'" (People v. Gurule (2002) 28 Cal.4th 557, 624.) "[P]rosecutors, it must be remembered, are not obliged to prove their case with evidence solely from live witnesses; the jury is entitled to see details of the victims' bodies to determine if the evidence supports the prosecution's theory of the case." (Id. at p. 624.) "A trial court's decision to admit photographs under Evidence Code section 352 will be upheld on appeal unless the prejudicial effect of such photographs clearly outweighs their probative value." (Id. at pp. 624-625.)

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