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by anamax 2118 days ago
Should prosecutors be able to add incriminating statements to a confession transcript? (I'm talking about damning statements that the defendant didn't make.)

The CA Attorney General at the time said yes. A CA Appeals Court said no.

https://caselaw.findlaw.com/ca-court-of-appeal/1695398.html

1 comments

I can't quite tell, but Kamala Harris might have been the AG in question.

That wasn't what the AG argued; the AG argued that case shouldn't be dismissed on those grounds. The question is closer to if the prosecutor adds incriminating statements to a confession transcript, is that grounds for dismissal.

Yup:

> Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, R. Todd Marshall and Larenda R. Delaini, Deputy Attorneys General, for Plaintiff and Appellant. Richard A. Levy, under appointment by the Court of Appeal, for Defendant and Respondent.