CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Relevance
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Demonstrative Evidence
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Objections to Demonstrative Evidence
............Court's Discretion
6 Cards On This Topic:
Court's exercise of discretion.
Post-mortem photos of V, not unduly prejudicial nor cumulative, admissible re mental state and physical act elements of crimes/special circs.
No abuse of discretion in disallowing autopsy photos of elderly decedent where jury heard extensive expert testimony re medical condition and its appearance.
Relevant demonstrative evidence has substantial probative value.
Prejudice of demonstrative evidence must substantially outweigh probative value.
Discretion requires consideration of less inflammatory demonstrative evidence.