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If a witness sees a posting on a myspace page, with the defendant's picture and username, can the witness testify about what they read (if statement would be considered an admission by party opponent)?
 
Posts: 3 | Location: Richmond, Texas, USA | Registered: October 27, 2007Reply With QuoteReport This Post
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This is the very issue presented in Tienda v. State, No. 05-09-00553-CR, set for submission in September. The parties' briefs in that case would lead one to believe the issue has not previously been decided. Some the cases cited by the State are: Kephart, 875 S.W.2d at 321; Druery, 225 S.W.3d at 502; Reed, 811 S.W.2d at 587; Tieman, 499 F.3d at 236; Brooks, 508 A.2d at 321; Bell, 882 N.E.2d at 511.
 
Posts: 2393 | Registered: February 07, 2001Reply With QuoteReport This Post
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