Evidence Rule 1002

 

Franklin County Criminal Law Casebook

Reproduced with permission from:
Timothy E. Pierce and the Franklin County Public Defender Office
 

Evidence Rule 1002 -- Contents of Writings, Recordings and Photographs, Requirement of Original
 
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. Turvey (1992), 84 Ohio App. 3d 724, 734-735 -- Written and taped confessions are independent. Under the best evidence rule as set forth in Evid. R. 1002, the state may use the written confession without admitting the taped confession. See concurring and dissenting opinions as to why the defendant would have been able to introduce the taped confession during cross-examination.
 

Publishing Information

Published by Timothy E. Pierce
 
Copyright © Franklin County Public Defender and Timothy E. Pierce, 2015
 
Contents may not be duplicated without express permission.