In re Jordan, — S.W.3d —, 2012 WL 1098275 (Texas App., April 3, 2012) Former employee sued her old company for subjecting her to a sexually hostile workplace and for firing her after she reported it. She claimed that she had never looked at pornography before she saw some on the computers at work. During [...]
Archive for the ‘Evidence’ Category
No deposition of account holder allowed until he is named as defendant in BitTorrent copyright case
January 17th, 2012
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Hard Drive Productions, Inc. v. Doe, 2012 WL 90412 (E.D. Cal. July 11, 2012) In a mass copyright infringement suit, plaintiff served a subpoena on an internet service provider and got the identifying information for the account holder suspected of trading a copy of a movie via BitTorrent. The account holder was uncooperative with plaintiff’s [...]
Juror internet research again causes criminal conviction to be overturned
September 17th, 2010
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Child molester’s conviction vacated because juror read articles about victim’s alleged injuries. Lockwood v. State, 2010 WL 3529416 (Nev., September 3, 2010) Last week it was manslaughter. This week it’s child molestation. Defendant was convicted on multiple counts of the heinous crime of sexual assault of a child under the age of sixteen. He moved [...]
Robbery conviction overturned because prosecutor played YouTube video during closing argument
November 4th, 2009
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Miller v. State, 2009 WL 3517627 (Ind. App. October 30, 2009) Appellant Miller and his dad robbed Wedge’s Liquor Store in Logansport, Indiana back in November 2007. During the robbery Miller pulled out a shotgun and pointed it at the clerk’s face. During closing argument at trial, the prosecutor showed the jury a video from [...]
Web photos inadmissible as evidence in case against deer hunter
October 16th, 2009
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State v. Ness, — N.W.2d —-, 2009 WL 3296676 (N.D. Oct. 15, 2009) Another day, another state supreme court decision about whether web-found evidence is admissible. Yesterday our discussion was about a MySpace posting in a murder trial. (The evidence in that case was admissible.) Today it’s about pictures from the Internet in a case [...]
MySpace posting was not improper character evidence at murder trial
October 15th, 2009
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Clark v. State, No. 43S00-0810-CR-575 (Ind. October 15, 2009). [Download the opinion] Defendant Clark killed his girlfriend’s two-year-old daughter. At his murder trial, the prosecution introduced the following post Clark had made to his MySpace page: Society labels me as an outlaw and criminal and sees more and more everyday how many of the people, [...]
