To authenticate under Evidence Rule 901, social-media evidence turns on whether there is sufficient evidence to support a finding it is what the claimant purports it to be. And while the source of the evidence may sometimes be needed, authentication depends on context.
N. Vaidik
Bradbury v. State, 20A-PC-620, __ N.E.3d __ (Ind. Ct. App., Dec. 23, 2020).
Trial counsel were ineffective when they stipulated to fact of which there was a serious evidentiary dispute, and when they failed to seek a lesser-included instruction that would have been available absent the stipulation.
Hobbs v. State, 19A-CR-909, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2020).
In child molesting cases, even assuming the defense at trial remains the same, amendments to the charging information which add entirely new charges a mere two weeks before trial constitutes insufficient notice.
Williams v. State, 20A-CR-1209, __ N.E.3d __ (Ind. Ct. App., Nov. 12, 2020).
Indiana’s theft statute does not criminalize the taking of lost or mislaid property.
Crouse v. State, 19A-CR-3008, __ N.E.3d __ (Ind. Ct. App., Oct. 8, 2020).
A waiver of appeal set forth as part of a plea agreement applies only to sentences imposed in accordance with the law.