Nock v. StateAnnotate this Case
The Supreme Court approved the decision of the Fourth District Court of Appeal in this appeal concerning the rule of completeness codified in the Florida Evidence Code and a related issue concerning the rule of evidence authorizing the impeachment of hearsay declarants.
The Court held (1) a defendant is not permitted to require the State under Fla. Stat. 90.108(1) - the statutory rule of completeness - to introduce into evidence the entire video recording of the defendant’s statement to police when the State has questioned a detective of direct examination concerning inculpatory statements of the defendant unless the State introduces any portion of the recorded statement into evidence; and (2) the State is permitted to impeach a defendant under Fla. Stat. 90.806(1), which authorizes attacking the credibility of a hearsay declarant, whenever the defendant introduces through cross-examination hearsay exculpatory statements of the defendant.