What is the test for admitting relevant evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Velez, B228559 (Cal. App. 2012):

We also reject defendant's due process claim. "The admission of relevant evidence will not offend due process unless the evidence is so prejudicial as to render the defendant's trial fundamentally unfair." (People v. Falsetta (1999) 21 Cal.4th 903, 913.) The photographs were relevant, and they were not so gruesome or inflammatory that they made his trial fundamentally unfair. (People v. Lewis (2009) 46 Cal.4th 1255, 1284.)

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