August 03, 2010, 17:02
Natalie SarfinMyspace Posting Admissibility
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)?
August 04, 2010, 09:18
Martin PetersonThis 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.