Demonstrative Evidence

Demonstrative evidence implicates several provisions of the evidence code.  Smith v. State, 299 Ga. 424, 434 (3) (b) (788 SE2d 433) (2016).  Demonstrative evidence must be relevant, and it may be excluded under OCGA § 24-4-403 if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. Laying a proper foundation for demonstrative evidence often means establishing a substantial similarity between the demonstration and the actual event at issue. Williams v. State, S23A1159 (January 17, 2024).