Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, needless presentation of cumulative evidence, or unfair and harmful surprise. However, in a prosecution for any criminal homicide, an appropriate photograph of the victim while alive shall be admissible evidence when offered by the district attorney to show the general appearance and condition of the victim while alive.
Added by Laws 1978, c. 285, § 403, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 30, eff. Nov. 1, 2002; Laws 2003, c. 3, § 15, emerg. eff. March 19, 2003.
NOTE: Laws 2002, c. 128, § 1 repealed by Laws 2003, c. 3, § 16, emerg. eff. March 19, 2003.