CRIMINAL LAW: EVIDENCE: HEARSAY: RULE OF COMPLETENESS: UNDER RULE OF COMPLETENESS, TRIAL COURT ERRED BY ADMITTING ONLY DEFENDANT’S INCULPATORY STATEMENT TO PARAMEDIC AND EXCLUDING EXCULPATORY STATEMENT ALTHOUGH IT WAS SELF-SERVING HEARSAY: WHEN THE STATE OPENS THE DOOR, OTHERWISE INADMISSIBLE EVIDENCE MAY BE INTRODUCED TO AVOID MISLEADING THE JURY

Newton v. State, ___ So. 3d ___, 40 Fla. L. Weekly D761 (Fla. 5th DCA March 27, 2015)

The defendant’s girlfriend died when his truck rolled over after they left a bar. It was undisputed that the defendant was intoxicated, but he contended that his girlfriend was the driver. At trial, the State called a paramedic, who testified that … Click To Read Full Case Law Review...