In a post here I discussed a view of the person. In this post I’ll address the more common issue of a jury view. A trial judge may allow a jury view. G.S. 15A-1229(a). Typically it is of a crime scene but it can involve viewing large evidence that cannot be presented in the courtroom, such as a vehicle. The decision whether to allow a jury view is in the trial judge’s discretion, and that decision will not be disturbed absent an abuse of discretion. G.S. 15A-1229(a). Factors that may be considered in the exercise of discretion include: the availability of photographs, diagrams or other material relating to the crime scene or object to be viewed; compare, e.g., State v. Tucker, 347 N.C. 235, 240-41 (1997) (no abuse of discretion where trial court allowed a jury view of a police vehicle that the defendant shot during the incident over the defendant’s argument that the view was cumulative in light of available photographs), with State v. Gaines, 345 N.C. 647, 680 (1997) (no abuse of discretion where trial court denied a defense motion for a jury view of the crime scene where photographs and measurements enabled the jury to reconstruct the scene); witness testimony regarding the event or location in question; Tucker, 347 N.C. at 240-41 (allowing a jury view of a police vehicle that the defendant shot during the incident over the defendant’s argument that the jury view was cumulative in light of witness testimony); see also Smith, 13 N.C. App. [...]
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