Tag:Admissibility

Key Insight: Court held transcript of chat cut and pasted into word document in its entirety was properly authenticated where the officer testified that the transcript was a ?true and accurate and full and complete copy of the exact chat [he] had with the defendant?; Best Evidence Rule was satisfied where ?any printout or other output readable by sight shown to reflect the date accurately is an ?original?? in the context of information stored in a computer and where there was no evidence that the original messages, which were removed from the computer when the instant message program was removed, were erased in bad faith

Nature of Case: Solicitation of a minor

Electronic Data Involved: Printed transcripts of instant messages

Key Insight: Court held GPS data was properly admitted as a business record where the state presented testimony of an employee for the GPS monitoring company who explained how the monitoring system worked and the testimony of appellant?s probation officer who explained how he accessed the GPS database and printed the exhibits introduced, and where the probation officer had previously tested the accuracy of the GPS system by taking appellant to different locations and checking the accuracy of the monitoring data

Nature of Case: Probation revocation

Electronic Data Involved: GPS monitoring data

Key Insight: Videotape depicting defendant abusing his victims was properly authenticated for admission as evidence pursuant to M.R. Evid. 901 where defendant was repeatedly depicted in the tape, where ?the largely sequential nature of the events depicted? supported the inference that the tape was not tampered with, and where the state introduced testimony from the victim and her family to establish that the victims in the tape were the victims referenced in the indictment

Nature of Case: Criminal indictment for sexual exploitation of a minor and related charges

Key Insight: Revenue report from database properly considered as business record under ER 803(6) where report was based on data entered and preserved in database in the regular course of business, where the database was regularly maintained and updated by the company?s accountants, where the accountants had personal knowledge of the information entered into the database, and where the foundation for its admission was provided by a ?qualified witness? familiar with the record-keeping procedures of the database

Nature of Case: Class action arising from alleged violations of Ohio Mortgage Act and common law violations of fiduciary duty

Electronic Data Involved: Database report

Key Insight: Appellate court upheld trial court?s admission of digital recordings into evidence where tapes were authenticated by officer?s testimony that that the device used for recording had been used more than 100 times and that that the recording was downloaded directly to a computer and then transferred to CDs specifically identified at trial, and where informant testified that the recordings ?fairly and accurately depicted the events of the [recorded transaction]?

Nature of Case: Criminal drug trafficking

Electronic Data Involved: Digital recordings of alleged drug sale to informant

Key Insight: Where a jury discovered and considered text messages not authenticated separately from a properly admitted cell phone, court found that text messages must be separately authenticated before admission into evidence but declined to find grounds for reversal of defendant?s conviction where the error was harmless in the context of the other evidence against him

Nature of Case: Felony possession of methamphetamines

Electronic Data Involved: Text messages

Key Insight: Trial court did not abuse discretion in granting plaintiff?s motion to strike defendants? affidavit and attached emails where emails were not properly authenticated; appellate court found defendants? reliance on Willis v. Hill, 116 Ga. App. 848 (1967) to appeal the trial court?s ruling was misplaced where Willis held that ?”[u]pon production of copies pursuant to a notice to produce, the producing party admits the correctness of the copies and further proof is unnecessary in order for the moving party[, i.e., the requesting party,] to introduce them into evidence? but where in the present case the emails sought to be admitted were produced by defendants, i.e. the party seeking their admission, and thus Willis was inapplicable

Nature of Case: Breach of contract, collect on open account

Electronic Data Involved: Emails

Key Insight: Trial court?s ruling allowing admission of transcripts of online chats into evidence was affirmed where such evidence was considered ??original? in the context of computers? under the rules of evidence and thus satisfied the Best Evidence Rule; court reasoned that even if the transcripts had not satisfied Best Evidence Rule, transcripts were admissible as copies because the originals had been destroyed, but not in bad faith, and the transcripts (?duplicates?) were authenticated by the officer?s testimony regarding how the transcripts were created and the reliability of their content

Nature of Case: Internet stalking

Electronic Data Involved: Transcripts of online chat

Key Insight: Trial court erred in admitting computer generated animation allegedly depicting the events that lead to trial where State failed to provide notice of its intent to use the animation, where the animation was created by a non-expert witness who lacked personal knowledge of the events, and where the State failed to lay a foundation for the evidence based on the incorrect assumption that the animation was merely demonstrative; appellate court determined animation was more prejudicial than probative where it did not merely illustrate a witness?s testimony but rather was ?a collage of information? from each of the State?s witnesses presented as fact

Nature of Case: Attempted kidnapping, false imprisonment, attempted armed robbery

Electronic Data Involved: Computer generated animation