Deleted Facebook and MySpace Posts Are Discoverable–Romano v. Steelcase

By Eric Goldman, with additional comments from Venkat Romano v. Steelcase Inc., 2010 WL 3703242 (N.Y. Sup. Ct. Sept. 21, 2010). On my personal blog, I have repeatedly blogged about plaintiffs who tell one story in court only to have…

MySpace Photo and Internet Gang Roster Evidence Improperly Admitted — People v. Beckley

[Post by Venkat] People v. Beckley, Case No. B212529 (Cal. Ct. App. June 9, 2010) Two defendants were convicted of a gang-related homicide in this case. MySpace Photos: The girlfriend of one of the defendants offered an alibi that one…

West Virginia Appeals Court Grants New Trial Based in Part on Undisclosed MySpace Friendship — State v. Dellinger

[Post by Venkat] State v. Dellinger, Case No. 35273 (Va.Ct. App. June 3, 2010) Dellinger is a criminal case where the defendant was accused of channeling funds (which were intended for the purpose of hiring additional DUI-enforcement personnel) to pay…

Judge Offers to Facebook ‘Friend’ Witnesses in Order to Resolve Discovery Dispute — Barnes v. CUS Nashville

[Post by Venkat] Barnes v. CUS Nashville, LLC, (M.D. Tenn) (June 3, 2010) I mentioned Barnes v. CUS Nashville in my post about Crispin v. Audigier, a case where a court found that production of private Facebook messages and postings…

Facebook Messages/Wall Posts, Civil Discovery, and the Stored Communications Act — Crispin v. Audigier

[Post by Venkat] Crispin v. Audigier, Case No. CV 09-09509 MMM (JEMx) (May 26, 2010) With the proliferation of the use of social network profile evidence, it was only a matter of time before a court dealt with the issue…

MySpace Evidence: Maryland Appeals Court Allows Circumstantial Authentication — Griffin v. Maryland

[Post by Venkat] Griffin v. Maryland, Case No. 1132 (Md. Ct. App.) (May 27, 2010) [pdf] Facts: Defendant Griffin was convicted of murder. The first trial ended in a mistrial. The underlying facts were that the defendant allegedly got into…

MySpace Profile Evidence Inadmissible to Show Defendant Committed ‘Gangster Style’ Robbery — U.S. v. Phaknikone

[Post by Venkat] U.S. v. Phaknikone, Case No. 09-10084 (11th Cir.) (May 10, 2010) Defendant Phaknikone was convicted of seven counts of armed robbery, carrying a firearm in relation to a crime of violence, and having possession of a firearm…

Yahoo! Chat Logs Admitted Over Defendant’s Objections Based on Eavesdropping Statute — People v. Nakai

[Post by Venkat] State v. Singh Nakai, 2010 Cal. App. LEXIS 446 (Cal. App.) (Div. 2) (April 2, 2010) Division two of the California Court of Appeals recently rejected a defendant’s argument that California’s eavesdropping statute precluded the admission of…