Caselaw Precedent

2010 Cases

  • People v. Lenihan

    911 N.Y.S.2d 588 (2010)

    In which defendant was convicted of murder in the second degree. Court ultimately found that photographs downloaded from MySpace by victim’s mother were not properly authenticated in light of the ability to “photoshop”.

  • U.S. v. Phaknikone

    605 F.3d 1099 (11th Cir. 2010)

    In which the 11th Circuit affirmed trial court’s admission of photographs from a MySpace page, which the court required sufficient corroborating evidence to authenticate the social media, and held that after “the government laid the foundation for the MySpace evidence by showing the photographs, profile page, and subscriber report to [a witness who knew Phaknikone], who identified Phaknikone as the person pictured” and “through the testimony of an employee of MySpace”.

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