What is the effect of section 356 of the Evidence Code on cross-examination?

California, United States of America


The following excerpt is from People v. Silva, D073000 (Cal. App. 2018):

Evidence Code section 356 provides in pertinent part, "Where part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by an adverse party; ... when a detached act, declaration, conversation, or writing is given in evidence, any other act, declaration, conversation, or writing which is necessary to make it understood may also be given in evidence." "The purpose of Evidence Code section 356 is to avoid creating a misleading impression." (People v. Samuels (2005) 36 Cal.4th 96, 130.)

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