California, United States of America
The following excerpt is from People v. Scott, 188 Cal.Rptr.3d 328, 349 P.3d 1028, 61 Cal.4th 363 (Cal. 2015):
As an initial matter, we reject the Attorney General's assertion that the claim is forfeited because defense counsel objected solely on the ground that the evidence was cumulative under Evidence Code section 352. During argument on the objection, the parties addressed these issues, and the trial court, in denying the objection, stated that the photographs simply reflected milestones throughout the victim's life and thus did not pose a risk of undue prejudice that substantially outweighed its probative value. Under these circumstances, the claim is preserved for review. (Cf. People v. Scott (1978) 21 Cal.3d 284, 290, 145 Cal.Rptr. 876, 578 P.2d 123 [In a criminal case, the objection will be deemed preserved if, despite inadequate phrasing, the record shows that the court understood the issue presented].)
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