What is the current state of California Evidence Code section 356, which prohibits the use of "self-serving or self-serving" statements in evidence?

California, United States of America


The following excerpt is from People v. Estell, B237766 (Cal. App. 2012):

"The purpose of [Evidence Code section 356] is to prevent the use of selected aspects of a conversation, act, declaration, or writing, so as to create a misleading impression on the subjects addressed. [Citation.] Thus, if a party's oral admissions have been introduced in evidence, he may show other portions of the same interview or conversation, even if they are self-serving, which 'have some bearing upon, or connection with, the admission . . . in evidence.' [Citations.]" (People v. Arias (1996) 13 Cal.4th 92, 156.) "Application of Evidence Code section 356 hinges on the requirement

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