CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Relevance
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Demonstrative Evidence
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View of Scene by Jury
............Condition of Scene
4 Cards On This Topic:
No error in allowing jury to view Sonoma crime scenes; if error in failing to obtain D's personal waiver of his presence during certain portions of crime scene viewings, it was harmless.
No abuse of discretion in denying jury visit to crime scene where uncertain how close conditions would be to those under which W made observations 4 yrs. earlier.
Discretion to permit scene view should be based in part on any material changes in scene; error in discretion requires abuse.
Jury should be made aware of material changes.