Is a defendant prejudiced when the prosecution redacts or changes one of his statements in order to protect the rights of another codefendant?

California, United States of America


The following excerpt is from People v. Dunson, E056565 (Cal. App. 2015):

If, at a joint trial, the prosecution redacts or changes one codefendant's statements in order to protect the rights of a codefendant, the prosecution "must not change those words to the defendant's prejudice." (People v. Rountree (2013) 56 Cal.4th 823, 849.) "A defendant is prejudiced in this context when the editing of his statement distorts his role or makes an exculpatory statement inculpatory." (Lewis, supra, 43 Cal.4th at p. 457; accord, People v. Rountree, supra, at p. 849.)

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