Caselaw Precedent

2007 Cases

  • Dickens v. State

    175 Md.App. 231 (2007)

    In which the court held that threatening text messages that the victim received on her cell phone in the months prior to her murder that were allegedly from the defendant were properly authenticated by the state to be admissible.

  • Lorraine v. Markel American Insurance Co.

    241 F.R.D. 534 (D. Md. 2007)

    A landmark decision about the admissibility and authentication of digital evidence. The court ultimately held that neither party provided admissible evidence to support the facts set forth in their respective motions for summary judgment. The court held that whenever electronically stored information is offered as evidence, parties must prove that the evidence is what one claims it to be pursuant to FRE 901. In this particular case, the court found that hash values and applicable metadata are both generally accepted methods of authenticating data.

  • Hammontree v. State

    642 S.E.2d 412 (2007)

    In which defendant challenged the sufficiency of the evidence supporting his conviction for child molestation and argued that the trial court erred in admitting similar transaction evidence without notice and a hearing and in admitting evidence of an internet instant message conversation. The court found no error in this instance, noting that electronic computer messages are held to the same standards of authentication as other similar evidence, and that in this particular case, the messages were properly corroborated and authenticated.

  • In re TT

    228 S.W.3d 312, 321-22 (Tex. Ct. App. 2007)

    The court admitted a MySpace webpage as evidence against a father in termination of parental rights case after the father admitted that he had a webpage on MySpace, but claimed not to know about the contents of the webpage. The court reasoned that the corroborating evidence in that particular case was sufficient to prove authentication.

  • Mackelprang v. Fidelity Nat. Title Agency of Nevada, Inc.

    No. 2:06-CV-00788-JCM (D. Nev. 2007)

    In which the court held that content of a MySpace page relating to plaintiff's emotional distress could be relevant to her complaint of sexual harassment and is therefore discoverable so long as the scope of the discovery is limited to relevant MySpace Communications.

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