Does the Attorney General's failure to disclose unredacted videotape violate a defendant's right to privacy?

California, United States of America


The following excerpt is from People v. Orendayn, G039398 (Cal. App. 2/26/2009), G039398. (Cal. App. 2009):

Defendant contends the admission of the unredacted videotape also violated his constitutional right to due process of law. The Attorney General argues defendant forfeited this claim by not asserting it at trial. (Evid. Code, 353.) But since defendant's due process argument is based on the same ground as his timely Evidence Code section 352 objection, "[h]e may argue that the asserted error in admitting the evidence over his . . . objection had the additional legal consequence of violating due process." (People v. Partida, supra, 37 Cal.4th at p. 435.) "The admission of relevant evidence will not offend due process unless the evidence is so prejudicial as to render the defendant's trial fundamentally unfair. [Citations.]" (People v. Falsetta (1999) 21 Cal.4th 903, 913; accord People v. Jablonski (2006) 37 Cal.4th 774, 805.) Given the foregoing analysis no fundamental unfairness occurred in this case.

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