GRIFFIN V. STATE 19 A.3d 415 (2011) CASE BRIEF

GRIFFIN V. STATE

19 A.3d 415 (2011)

NATURE OF THE CASE: Griffin (D) seeks reversal of his convictions contending that the trial judge abused his discretion in admitting, without proper authentication, what State (P) alleged were several pages printed from D's girlfriend's MySpace profile.

FACTS: D was charged in numerous counts with the shooting death of Darvell Guest. P sought to introduce D's girlfriend's MySpace profile to demonstrate that, prior to trial, Ms. Barber had allegedly threatened another witness called by P. The printed pages contained a MySpace profile in the name of 'Sistasouljah,' describing a 23-year-old female from Port Deposit, listing her birthday as ' 10/02 /1983' and containing a photograph of an embracing couple. The printed pages also contained the following blurb: FREE BOOZY!!!! JUST REMEMBER SNITCHES GET STITCHES!! U KNOW WHO YOU ARE!! When Ms. Barber had taken the stand after being called by P, she was not questioned about the pages allegedly printed from her MySpace profile. P attempted to authenticate the pages, as belonging to Ms. Barber, through the testimony of Sergeant John Cook, the lead investigator in the case. D objected to the admission of the pages allegedly printed from Ms. Barber's MySpace profile, because P could not sufficiently establish a 'connection' between the profile and posting and Ms. Barber, and substantively, P could not say with any certainty that the purported 'threat' had any impact on the witness's testimony; the latter argument is not before us. A stipulation was entered to allow some of the data to get in. D was convicted and appealed. D argues that P did not appropriately, for evidentiary purposes, authenticate the pages allegedly printed from Jessica Barber's MySpace profile, because P failed to offer any extrinsic evidence describing MySpace, as well as indicating how Sergeant Cook obtained the pages in question and adequately linking both the profile and the 'snitches get stitches' posting to Ms. Barber. P counters that the photograph, personal information, and references to freeing 'Boozy' were sufficient to enable the finder of fact to believe that the pages printed from MySpace were indeed Ms. Barber's.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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