exact subject inquiry (California) · Go Syfert
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exact subject inquiry in California

26 California opinions name it 3 courts 1989–2025 7 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
People v. Zapienred
cal · 1993 · cited in 14 California opinions naming this issue, 2005–2022
2 sentences

2022That section provides: “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 . . . and 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.” In applying the rule, “ ‘courts do not draw narrow lines around the exact subject of inquiry.’ ” (People v. Zapien (1993) 4 Cal.4th 929, 959 .) In People v. Clark (2016) 63 Cal.4th 522 , we uph

2021Although section 356 prevents us from “ ‘draw[ing] narrow lines around the exact subject of inquiry’ ” (People v. Zapien (1993) 4 Cal.4th 929, 959 ), because the last exchange between defendant and the visitor marks an abrupt shift of subject, the final exchange can be considered independently without creating a misleading impression of the subject addressed.

414
People v. Ariasgreen
cal · 1996 · cited in 5 California opinions naming this issue, 2013–2022
2 sentences

2022As alleged in the FAC, the NOV states that “no coastal permits had been issued for the demolition of the two previous motels or for the construction of the Shore Hotel, and that, rather than the moderately priced Travel Lodge that had been conditionally permitted, the Shore Hotel was an unauthorized luxury boutique hotel.” Evidence Code section 356 “prevent[s] the use of selected aspects of a conversation, act, declaration, or writing, so as to create a misleading impression on the subjects addressed.” (People v. Arias (1996) 13 Cal.4th 92, 156 .) When applying this rule of completeness, “ ‘th

2016(See People v. Harrison (2005) 35 Cal.4th 208, 239 [“[o]nce defendant had introduced a portion of [a witness’s] interview with [the police officer] into evidence, the prosecution was entitled to introduce the remainder of [the witness’s] interview to place in context the isolated statements of [the witness] related by [the officer] on direct examination by the defense”]; People v. Parrish (2007) 152 Cal.App.4th 263, 269 .) The purpose of 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 subject

25
People v. Harrisgreen
cal · 2005 · cited in 3 California opinions naming this issue, 2007–2016
2 sentences

2007(See People v. Pride (1992) 3 Cal.4th 195, 235 [ 10 Cal.Rptr.2d 636 , 833 P.2d 643 ].) “ ‘ “In applying Evidence Code section 356 the courts do .not draw narrow lines around the exact subject of inquiry. ‘In the event a statement admitted in evidence constitutes part of a conversation or correspondence, the opponent is entitled to have placed in evidence all that was said or written by or to the declarant in the course .of such conversation or correspondence, provided the other statements have some bearing upon, or connection with, the admission or declaration in evidence. . . . [Citation.]” ’

2007(See People v. Pride (1992) 3 Cal.4th 195, 235 [ 10 Cal.Rptr.2d 636 , 833 P.2d 643 ].) “ ‘ “In applying Evidence Code section 356 the courts do .not draw narrow lines around the exact subject of inquiry. ‘In the event a statement admitted in evidence constitutes part of a conversation or correspondence, the opponent is entitled to have placed in evidence all that was said or written by or to the declarant in the course .of such conversation or correspondence, provided the other statements have some bearing upon, or connection with, the admission or declaration in evidence. . . . [Citation.]” ’

23
People v. Hamiltongreen
cal · 1989 · cited in 2 California opinions naming this issue, 1993–2013
2 sentences

2013Thus, it has been held: the court must exclude such additional evidence if not relevant to the conversation already in evidence.” (People v. Gambos (1970) 5 Cal.App.3d 187, 192-193 , italics omitted.) The purpose of the section is to 15 place the portions of the admitted conversation or writing in context and 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.” (People v. Arias (1996) 13 Cal.4th 92, 156 (Arias).) It is true that “[i]n applying Evidence Code section 356 the courts do not draw

1993The prosecutor then offered into evidence, and the court ruled admissible over defendant’s objection, the transcript of the entire testimony given by Perez at the prior hearing. 5 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 “In applying Evidence Code section 356 the courts do not draw narrow lines around the exact subject of inquiry. ‘In the event a statement admitted in evidence constitutes part of a conversation or c

22
People v. Vinesred
cal · 2011 · cited in 3 California opinions naming this issue, 2013–2021
2 sentences

2021As our Supreme Court has stated: “Application of Evidence Code section 356 hinges on the requirement that the two portions of a statement be ‘on the same subject.’ . . . ‘ “In applying Evidence Code section 356 the courts do not draw narrow lines around the exact subject of inquiry.” ’ [Citation.]” (People v. Vines (2011) 51 Cal.4th 830, 861 , overruled on another point in People v. Hardy (2018) 5 Cal.5th 56 .) However, this does not end the inquiry.

2015The trial court ruled that the statement was inadmissible. 18 [Citations.]” (People v. Pearson (2013) 56 Cal.4th 393, 460 ; see also People v. Zapien (1993) 4 Cal.4th 929, 959 [in applying Evidence Code section 356, courts do not draw narrow lines around the exact subject of inquiry].) The section applies only to “statements that have some bearing upon, or connection with, the portion of the conversation originally introduced. [Citation.] Statements pertaining to other matters may be excluded.” (People v. Samuels (2005) 36 Cal.4th 96, 130 ; see also People v. Vines (2011) 51 Cal.4th 830, 861 .

13
People v. Johnsongreen
cal · 2022 · cited in 2 California opinions naming this issue, 2022–2025
2 sentences

2025“In the event a statement admitted in evidence constitutes part of a conversation or correspondence, the opponent is entitled to have placed in evidence all that was said or written by or to the declarant in the course of such conversation or correspondence, provided the other statements have some bearing upon, or connection with, the admission or declaration in evidence.” ’ ” ’ ” (People v. Clark (2016) 63 Cal.4th 522, 600 .) This includes admission of portions “ ‘of the same interview or conversation, even if they are self-serving’ so long as they ‘ “have some bearing upon, or connection wit

2022(People v. Armstrong (2019) 6 Cal.5th 735, 786 (Armstrong).) Although “narrow lines should not be drawn around the exact subject of inquiry” in determining whether two portions of a statement concern the same subject, “the statutory language ‘on the same subject’ cannot be rendered meaningless by an interpretation that draws no lines at all.” (People v. Cornejo (2016) 3 Cal.App.5th 36, 74 .) Evidence Code section 356 “applies only to statements that have some bearing upon, or connection with, the portion of the conversation originally introduced. [Citation.] Statements pertaining to other matt

12
People v. Armstronggreen
cal · 2019 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022(People v. Armstrong (2019) 6 Cal.5th 735, 786 (Armstrong).) Although “narrow lines should not be drawn around the exact subject of inquiry” in determining whether two portions of a statement concern the same subject, “the statutory language ‘on the same subject’ cannot be rendered meaningless by an interpretation that draws no lines at all.” (People v. Cornejo (2016) 3 Cal.App.5th 36, 74 .) Evidence Code section 356 “applies only to statements that have some bearing upon, or connection with, the portion of the conversation originally introduced. [Citation.] Statements pertaining to other matt

11
People v. Harrisongreen
cal · 2005 · cited in 1 California opinions naming this issue, 2016–2016
1 sentence

2016(See People v. Harrison (2005) 35 Cal.4th 208, 239 [“[o]nce defendant had introduced a portion of [a witness’s] interview with [the police officer] into evidence, the prosecution was entitled to introduce the remainder of [the witness’s] interview to place in context the isolated statements of [the witness] related by [the officer] on direct examination by the defense”]; People v. Parrish (2007) 152 Cal.App.4th 263, 269 .) The purpose of 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 subject

11
People v. Pridegreen
cal · 1992 · cited in 1 California opinions naming this issue, 2007–2007
2 sentences

2007(See People v. Pride (1992) 3 Cal.4th 195, 235 [ 10 Cal.Rptr.2d 636 , 833 P.2d 643 ].) “ ‘ “In applying Evidence Code section 356 the courts do .not draw narrow lines around the exact subject of inquiry. ‘In the event a statement admitted in evidence constitutes part of a conversation or correspondence, the opponent is entitled to have placed in evidence all that was said or written by or to the declarant in the course .of such conversation or correspondence, provided the other statements have some bearing upon, or connection with, the admission or declaration in evidence. . . . [Citation.]” ’

2007(See People v. Pride (1992) 3 Cal.4th 195, 235 [ 10 Cal.Rptr.2d 636 , 833 P.2d 643 ].) “ ‘ “In applying Evidence Code section 356 the courts do .not draw narrow lines around the exact subject of inquiry. ‘In the event a statement admitted in evidence constitutes part of a conversation or correspondence, the opponent is entitled to have placed in evidence all that was said or written by or to the declarant in the course .of such conversation or correspondence, provided the other statements have some bearing upon, or connection with, the admission or declaration in evidence. . . . [Citation.]” ’

11
People v. Ketchelred
cal · 1963 · cited in 1 California opinions naming this issue, 1989–1989
2 sentences

1989“In the event a statement admitted in evidence constitutes part of a conversation or correspondence, the opponent is entitled to have placed in evidence all that was said or written by or to the declarant in the course of such conversation or correspondence, provided the other statements have some bearing upon, or connection with, the admission or declaration in evidence. ...” (Rosenberg v. Wittenborn (1960) 178 Cal.App.2d 846, 852 [ 3 Cal.Rptr. 459 ]; People v. Williams (1975) 13 Cal.3d 559, 565 [ 119 Cal.Rptr. 210 , 531 P.2d 778 ]; People v. Ketchel (1963) 59 Cal.2d 503, 536 [ 30 Cal.Rptr. 5

1989“In the event a statement admitted in evidence constitutes part of a conversation or correspondence, the opponent is entitled to have placed in evidence all that was said or written by or to the declarant in the course of such conversation or correspondence, provided the other statements have some bearing upon, or connection with, the admission or declaration in evidence. ...” (Rosenberg v. Wittenborn (1960) 178 Cal.App.2d 846, 852 [ 3 Cal.Rptr. 459 ]; People v. Williams (1975) 13 Cal.3d 559, 565 [ 119 Cal.Rptr. 210 , 531 P.2d 778 ]; People v. Ketchel (1963) 59 Cal.2d 503, 536 [ 30 Cal.Rptr. 5

11
People v. Williamsgreen
cal · 1975 · cited in 1 California opinions naming this issue, 1989–1989
2 sentences

1989“In the event a statement admitted in evidence constitutes part of a conversation or correspondence, the opponent is entitled to have placed in evidence all that was said or written by or to the declarant in the course of such conversation or correspondence, provided the other statements have some bearing upon, or connection with, the admission or declaration in evidence. ...” (Rosenberg v. Wittenborn (1960) 178 Cal.App.2d 846, 852 [ 3 Cal.Rptr. 459 ]; People v. Williams (1975) 13 Cal.3d 559, 565 [ 119 Cal.Rptr. 210 , 531 P.2d 778 ]; People v. Ketchel (1963) 59 Cal.2d 503, 536 [ 30 Cal.Rptr. 5

1989“In the event a statement admitted in evidence constitutes part of a conversation or correspondence, the opponent is entitled to have placed in evidence all that was said or written by or to the declarant in the course of such conversation or correspondence, provided the other statements have some bearing upon, or connection with, the admission or declaration in evidence. ...” (Rosenberg v. Wittenborn (1960) 178 Cal.App.2d 846, 852 [ 3 Cal.Rptr. 459 ]; People v. Williams (1975) 13 Cal.3d 559, 565 [ 119 Cal.Rptr. 210 , 531 P.2d 778 ]; People v. Ketchel (1963) 59 Cal.2d 503, 536 [ 30 Cal.Rptr. 5

11
Rosenberg v. Wittenborngreen
calctapp · 1960 · cited in 1 California opinions naming this issue, 1989–1989
2 sentences

1989“In the event a statement admitted in evidence constitutes part of a conversation or correspondence, the opponent is entitled to have placed in evidence all that was said or written by or to the declarant in the course of such conversation or correspondence, provided the other statements have some bearing upon, or connection with, the admission or declaration in evidence. ...” (Rosenberg v. Wittenborn (1960) 178 Cal.App.2d 846, 852 [ 3 Cal.Rptr. 459 ]; People v. Williams (1975) 13 Cal.3d 559, 565 [ 119 Cal.Rptr. 210 , 531 P.2d 778 ]; People v. Ketchel (1963) 59 Cal.2d 503, 536 [ 30 Cal.Rptr. 5

1989“In the event a statement admitted in evidence constitutes part of a conversation or correspondence, the opponent is entitled to have placed in evidence all that was said or written by or to the declarant in the course of such conversation or correspondence, provided the other statements have some bearing upon, or connection with, the admission or declaration in evidence. ...” (Rosenberg v. Wittenborn (1960) 178 Cal.App.2d 846, 852 [ 3 Cal.Rptr. 459 ]; People v. Williams (1975) 13 Cal.3d 559, 565 [ 119 Cal.Rptr. 210 , 531 P.2d 778 ]; People v. Ketchel (1963) 59 Cal.2d 503, 536 [ 30 Cal.Rptr. 5

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
People v. Clark green
cal · 2016
2 sentences

2022It reads: “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; … and 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.” (§ 356.) “The purpose of … 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.’ ” (People

2022That section provides: “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 . . . and 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.” In applying the rule, “ ‘courts do not draw narrow lines around the exact subject of inquiry.’ ” (People v. Zapien (1993) 4 Cal.4th 929, 959 .) In People v. Clark (2016) 63 Cal.4th 522 , we uph

32022–2025
People v. Hardy green
cal · 2018
2 sentences

2025Code, § 356.) 37. “ ‘ “The purpose of this section 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.” ’ ” (People v. Hardy (2018) 5 Cal.5th 56, 104 .) “ ‘ “ ‘[T]he courts do not draw narrow lines around the exact subject of inquiry.

2021As our Supreme Court has stated: “Application of Evidence Code section 356 hinges on the requirement that the two portions of a statement be ‘on the same subject.’ . . . ‘ “In applying Evidence Code section 356 the courts do not draw narrow lines around the exact subject of inquiry.” ’ [Citation.]” (People v. Vines (2011) 51 Cal.4th 830, 861 , overruled on another point in People v. Hardy (2018) 5 Cal.5th 56 .) However, this does not end the inquiry.

22021–2025
People v. Samuels green
cal · 2005
2 sentences

2022(People v. Armstrong (2019) 6 Cal.5th 735, 786 (Armstrong).) Although “narrow lines should not be drawn around the exact subject of inquiry” in determining whether two portions of a statement concern the same subject, “the statutory language ‘on the same subject’ cannot be rendered meaningless by an interpretation that draws no lines at all.” (People v. Cornejo (2016) 3 Cal.App.5th 36, 74 .) Evidence Code section 356 “applies only to statements that have some bearing upon, or connection with, the portion of the conversation originally introduced. [Citation.] Statements pertaining to other matt

2015The trial court ruled that the statement was inadmissible. 18 [Citations.]” (People v. Pearson (2013) 56 Cal.4th 393, 460 ; see also People v. Zapien (1993) 4 Cal.4th 929, 959 [in applying Evidence Code section 356, courts do not draw narrow lines around the exact subject of inquiry].) The section applies only to “statements that have some bearing upon, or connection with, the portion of the conversation originally introduced. [Citation.] Statements pertaining to other matters may be excluded.” (People v. Samuels (2005) 36 Cal.4th 96, 130 ; see also People v. Vines (2011) 51 Cal.4th 830, 861 .

22015–2022
People v. Parrish green
calctapp · 2007
2 sentences

2016(See People v. Harrison (2005) 35 Cal.4th 208, 239 [“[o]nce defendant had introduced a portion of [a witness’s] interview with [the police officer] into evidence, the prosecution was entitled to introduce the remainder of [the witness’s] interview to place in context the isolated statements of [the witness] related by [the officer] on direct examination by the defense”]; People v. Parrish (2007) 152 Cal.App.4th 263, 269 .) The purpose of 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 subject

2015Evidence Code section 356 provides, “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 . . . conversation . . . is given in evidence, any other act, declaration, conversation, or writing which is necessary to make it understood may also be given in evidence.” Evidence Code section 356 “is founded not on reliability but on fairness so that one party may not use ‘selected aspects of a conversation, act, declaration, or writing, so as to create a misleading impression

22015–2016
People v. Pearson green
cal · 2013
2 sentences

2015The trial court ruled that the statement was inadmissible. 18 [Citations.]” (People v. Pearson (2013) 56 Cal.4th 393, 460 ; see also People v. Zapien (1993) 4 Cal.4th 929, 959 [in applying Evidence Code section 356, courts do not draw narrow lines around the exact subject of inquiry].) The section applies only to “statements that have some bearing upon, or connection with, the portion of the conversation originally introduced. [Citation.] Statements pertaining to other matters may be excluded.” (People v. Samuels (2005) 36 Cal.4th 96, 130 ; see also People v. Vines (2011) 51 Cal.4th 830, 861 .

2015(People v. Pearson, supra, 56 Cal.4th at p. 447 ; People v. Snow, supra, 30 Cal.4th at pp. 77-78.) One exception to this general rule is when objecting would be futile.

22015–2015
People v. Sanders green
cal · 1995
2 sentences

2013(People v. Sanders[, supra,] 11 Cal.4th 475 , 520 . . . [where defense counsel elicited portions of investigative interview with witness, prosecution not foreclosed from inquiring into context of statements on redirect examination of witness and cross-examination of investigator].)‖ (People v. Harris, supra, 37 Cal.4th at pp. 334–335.) Defendant sought admission of Combs‘s ―bullets were meant for you‖ statement because it supported his defense theory Combs was the shooter.

2013(People v. Sanders (1995) 11 Cal.4th 475 , 520 . . . [where defense counsel elicited portions of investigative interview with witness, prosecution not foreclosed from inquiring into context of statements on redirect examination of witness and cross-examination of investigator].)‖ (People v. Harris (2005) 37 Cal.4th 310 , 334– 335.) Crawford held the confrontation clause of the Constitution bars the admission of out-of-court ―testimonial‖ statements except when the declarant is unavailable and the 12 defendant had a prior opportunity to cross-examine the declarant. ( Crawford, supra, 541 U.S. a

22005–2013
People v. Cornejo green
calctapp · 2016
1 sentence

2022(People v. Armstrong (2019) 6 Cal.5th 735, 786 (Armstrong).) Although “narrow lines should not be drawn around the exact subject of inquiry” in determining whether two portions of a statement concern the same subject, “the statutory language ‘on the same subject’ cannot be rendered meaningless by an interpretation that draws no lines at all.” (People v. Cornejo (2016) 3 Cal.App.5th 36, 74 .) Evidence Code section 356 “applies only to statements that have some bearing upon, or connection with, the portion of the conversation originally introduced. [Citation.] Statements pertaining to other matt

12022–2022
People v. Snow green
cal · 2003
1 sentence

2015(People v. Pearson, supra, 56 Cal.4th at p. 447 ; People v. Snow, supra, 30 Cal.4th at pp. 77-78.) One exception to this general rule is when objecting would be futile.

12015–2015
People v. Gambos green
calctapp · 1970
1 sentence

2013Thus, it has been held: the court must exclude such additional evidence if not relevant to the conversation already in evidence.” (People v. Gambos (1970) 5 Cal.App.3d 187, 192-193 , italics omitted.) The purpose of the section is to 15 place the portions of the admitted conversation or writing in context and 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.” (People v. Arias (1996) 13 Cal.4th 92, 156 (Arias).) It is true that “[i]n applying Evidence Code section 356 the courts do not draw

12013–2013
Crawford v. Washington green
scotus · 2004
1 sentence

2013(People v. Sanders (1995) 11 Cal.4th 475 , 520 . . . [where defense counsel elicited portions of investigative interview with witness, prosecution not foreclosed from inquiring into context of statements on redirect examination of witness and cross-examination of investigator].)‖ (People v. Harris (2005) 37 Cal.4th 310 , 334– 335.) Crawford held the confrontation clause of the Constitution bars the admission of out-of-court ―testimonial‖ statements except when the declarant is unavailable and the 12 defendant had a prior opportunity to cross-examine the declarant. ( Crawford, supra, 541 U.S. a

12013–2013

Statutes the citing opinions construe

CA § Cal. Evidence Code § 356 (20) CA § Cal. Penal Code § 187 (13) CA § Cal. Evidence Code § 352 (11) CA § Cal. Evidence Code § 780 (7) CA § Cal. Vehicle Code § 2800.2 (7) CA § Cal. Evidence Code § 801 (6) CA § Cal. Evidence Code § 210 (4) CA § Cal. Evidence Code § 720 (4) CA § Cal. Evidence Code § 1250 (3) CA § Cal. Evidence Code § 353 (3) CA § Cal. Evidence Code § 354 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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