Archive: October 23, 2009

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Indiana Supreme Court Rules Trial Court Properly Admitted Evidence of Defendant’s MySpace Page in Murder Trial

Indiana Supreme Court Rules Trial Court Properly Admitted Evidence of Defendant’s MySpace Page in Murder Trial

Clark v. State, 915 N.E.2d 126 (2009)

Defendant Ian J. Clark was found guilty of murdering a two year old girl left in his care and was sentenced to life in prison without parole.  On appeal, Clark argued that the trial court improperly admitted evidence from his MySpace account in violation of Ind. R. Evid. 404(b).  Taking up the “novel question” of the propriety of admitting such evidence, the Supreme Court of Indiana ruled that the trial court did not err in admitting the evidence, particularly where Clark’s own testimony made his character a “central issue” of his defense.  The verdict and sentence were therefore affirmed.

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