SADIQ HUSSEAIN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2002-01-30
No. 3D01-115
Before SCHWARTZ, C.J., and FLETCHER and SORONDO, JJ.
805 So. 2d 1066 Florida District Court of Appeal, Third District (2002) Positive Treatment
Cited by 6 cases

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Synopsis

Sadiq Husseain was convicted of aggravated battery with a deadly weapon, but the Florida District Court of Appeal reversed and remanded for a new trial because the trial court erroneously excluded his exculpatory statement to police that the victim tried to rape him, violating the rule of completeness.


Holding

The trial court erred in precluding Husseain's statement that the victim tried to rape him. Under the rule of completeness, when a state witness testifies to incriminating statements made by a defendant, the defendant is entitled to have exculpatory statements made contemporaneously admitted into evidence.


Headnotes

[1] A defendant's exculpatory out-of-court statement may be admissible under the rule of completeness when a state witness testifies to incriminating statements contemporaneo…

[2] The rule of completeness allows for the admission of a defendant's statement to provide context for incriminating statements introduced by the prosecution.

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Key Quotes

“The "rule of completeness" allows for a defendant's exculpatory out-of-court statement to be admitted into evidence when a state witness has testified to incriminating statements contemporaneously made by the defendant.”

Establishes the legal standard for admitting exculpatory statements when the state introduces incriminating statements

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Facts & Procedural History

Husseain and victim Yazdani went to Yazdani's hotel room. Husseain claims Yazdani approached him sexually in the bathroom, prompting Husseain to hit h…

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Opinion of the Court
FLETCHER, Judge.

FLETCHER, Judge.

Sadiq Husseain was convicted by a jury of aggravated battery with a deadly weapon. We reverse and remand for a new trial.

In his opening statement at trial, defense counsel told the jury that Officer Rios, the officer responding to the crime scene, would testify that Husseain initially told him that he hit the victim because the victim tried to rape him. The state moved in limine to exclude Husseain’s statement on the ground it was self-serving hearsay. Initially, the court ruled the statement was admissible under the rule of completeness because the state planned to introduce Husseain’s later inculpatory statements made to the police. However, the state indicated that Husseain’s rape statement was made before he was read his Miranda rights, while the remaining statements were made afterward. The court then ruled the rape statement inadmissible.

Both the prosecution and defense agree that Husseain accompanied the victim, Yazdani, to his hotel room. Husseain claims that while he was in the bathroom, the victim approached him sexually and Husseain responded by hitting him with a beer bottle and wrapping an electrical cord around his neck. According to the victim Yazdani, while he was showering to get ready for work Husseain accosted him in the bathroom and without provocation struck him with his fist and a beer bottle. The hotel manager called to report the disturbance in Yazdani’s room. Officer Rios responded and was admitted into the hotel room by Husseain. There the officer discovered the victim lying on the bed underneath the bedclothes, naked and bleeding, and with an electrical cord wrapped around his neck.

At trial, Officer Rios testified that Husseain waived his rights, admitted to striking the victim with a beer bottle, punching him, and wrapping electrical cord around his neck, but at that time did not state that the victim tried to molest him. In closing argument, over defense objection and unsuccessful motion for mistrial, the prosecution represented to the jury that Husseain did not tell the police that he believed he was in any danger. Husseain was ultimately convicted as charged.

We agree with Husseain that the trial court erred in precluding Husseain’s statement made at his initial encounter with the police that the victim tried to rape him. The “rule of completeness” allows for a defendant’s exculpatory out-of-court statement to be admitted into evidence when a state witness has testified to incriminating statements contemporaneously made by the defendant. Cotton v. State, 763 So. 2d 437 (Fla. 4th DCA 2000).

Johnson v. State, 653 So. 2d 1074 (Fla. 3d DCA 1995), citing Guerrero v. State, 532 So. 2d 75, 76 (Fla. 3d DCA 1988)(“[W]here the state has opened the door by eliciting testimony as to part of the conversation, defendant is entitled to cross-examine the wit ness about other relevant statements made during the conversation.”).

By preventing the jury from hearing what Husseain initially uttered when confronted by the police, the jury was necessarily precluded from placing the event in its entire context. Granting the state’s motion in limine prevented the jury from fairly considering all of the circumstances leading up to and surrounding the encounter between Hus-seain and the victim. “Standing alone, the ... statement left the jury without a complete picture of the defendant’s behavior.

Moreover, it cannot be said that there is no ‘reasonable possibility that the error did not affect the verdict.’ ” Johnson, 653 So. 2d at 1075 (citations omitted). For this reason we reverse Husseain’s conviction and remand for a new trial.

Reversed and remanded.


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Citator

Cited By

  • Metz v. State, 59 So. 3d 1225 (Fla. 4th DCA 2011)
    …o as to avoid the potential for creating misleading impressions by taking statements out of context.” Mason v. State, 719 So. 2d 304, 305 (Fla. 4th DCA 1998); see also Whitfield v. State, 933 So. 2d 1245, 1248 (Fla. 1st DCA 2006); Husseain v. State, 805 So. 2d 1066, 1067 (Fla. 3d DCA 2002). The subsection 90.108(1) rule of completeness has been applied where excluded portions of a defendant’s statement relate to a defense to criminal charges. Thus, in Guerrero v. State, 532 So. 2d 75, 76-77 (Fla. 3d DCA 1988)…
  • Eleck Williams v. State, 931 So. 2d 999 (Fla. 3d DCA 2006)
    …. Cotton v. State, 763 So. 2d 437 (Fla. 4th DCA 2000). There was no additional requirement that the statements be introduced under the rule of completeness, as the state did not introduce any incriminating statements by defendant. Husseain v. State, 805 So. 2d 1066, 1067 (Fla. 3d DCA 2002)(under “rule of completeness” defendant’s out-of-court exculpatory statements must be admitted when state witness testifies to defendant’s incriminating statements). Guerrero v. State, 532 So. 2d 75 (Fla. 3d DCA 1988)(same).…
  • Newton v. State, 160 So. 3d 524 (Fla. 5th DCA 2015)
    …o. 2d 1245, 1248 (Fla. 1st DCA 2006)). The rule of completeness allows a court to admit a defendant’s out-of-court statement when a state witness has “testified to incriminating statements contemporaneously made by the defendant.” Husseain v. State, 805 So. 2d 1066, 1067 (Fla. 3d DCA 2002); accord Swearingen, 91 So. 3d at 885; Metz v. State, 59 So. 3d 1225, 1226-27 (Fla. 4th DCA 2011); Whitfield, 933 So. 2d at 1248. As we held in Antoury v. State, 943 So. 2d 906 (Fla. 5th DCA 2006), “when the State opens the d…

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