Franklin County Criminal Law Casebook
Reproduced with permission from
David L. Strait and the Franklin County Public Defender Office
Evidence Rule 106 -- Remainder of or
Related Writings or Recorded Statements
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
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.