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Franklin County Criminal Law Casebook
Reproduced with permission from
Allen V. Adair and the Franklin County Public Defender Office

Evidence Rule 106 -- Remainder of or Related Writings or Recorded Statements (608)

El Grande Steak House v. Ohio Civil Rights Commission (1994), 99 Ohio App. 3d 557, 563-564 -- Tape recording and transcript were properly authenticated and admitted into evidence, even though portions were inaudible. Also see State v. Gotsis (1984), 13 Ohio App. 3d 282.

State v. Holmes (1991), 77 Ohio App. 3d 582 -- The Rule of Completeness requires counsel do more than merely request that a lengthy tape recording be played in its entirety. Counsel must show the additional portion is admissible, that it is relevant to the portion the other party wishes to introduce, and that the portions ought be considered contemporaneously.

State v. Davis (1982), 4 Ohio App. 3d 199 -- Defendant was entitled to play tape of what amounted to a third party confession, but only wished to play portions. Court determined defendant had choice of playing entire tape or none of it. Since he elected the latter and the court's ruling was a proper application of Evid. R. 106, there was no error.

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