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…