Can a defendant use the introduction of his out-of-court statements as an opportunity to introduce "extraneous statements" that might favor him?

California, United States of America


The following excerpt is from People v. Armstrong, 243 Cal.Rptr.3d 105, 433 P.3d 987, 6 Cal.5th 735 (Cal. 2019):

20 A defendant may not use the prosecutions introduction of his out-of-court-statements as an opportunity to introduce "extraneous statements contained in the recording" that might favor him, without the burden of testifying and submitting to cross-examination. (People v. Gurule (2002) 28 Cal.4th 557, 604, 123 Cal.Rptr.2d 345, 51 P.3d 224 ; see id. at p. 605, 123 Cal.Rptr.2d 345, 51 P.3d 224.) But the rule is different when, as here, the portions the prosecution seeks to redact are not extraneous but integral to an understanding of the course of conduct the admitted portions describe.

21 The laboratory was unable to determine the source of the blood.

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