Griffin v. State
19 A.3d 415
| Md. | 2011Background
- Griffin charged with the shooting death of Darvell Guest in Cecil County.
- State sought to admit printouts from Griffin's girlfriend Jessica Barber's MySpace profile to show prior threats to a witness.
- The pages identified a user as 'Sistasouljah' with Barber's photo and birth date, plus a 'snitches get stitches' blurb.
- State attempted authentication through Sergeant Cook, defense objected to insufficient linkage to Barber.
- Trial court allowed limited testimony and a stipulation about online material; defense challenged authenticity.
- Court of Special Appeals affirmed; Maryland Court of Appeals reversed and remanded for new trial due to improper authentication.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the MySpace printout was properly authenticated. | Griffin's authentication was insufficient; there was no extrinsic evidence linking the profile to Barber or the posting. | The pages contained Barber's photo, birth date, and other characteristics linking to Barber; the State's witness testimony supported authentication. | Not properly authenticated; printout reversed and remanded for new trial. |
| Whether Griffin preserved the challenge to the probative value for appellate review (cross-petition question). | Authentication failure affected admissibility and weight; preservation was preserved by objection. | The issue could also bear on probative value; the court should consider preserving the challenge. | We need not address preservation of probative value; authentication error requires reversal. |
Key Cases Cited
- Lorraine v. Markel American Ins. Co., 241 F.R.D. 534 (D. Md. 2007) (articulates authentication of electronically stored information and 901(b) illustrations)
- Independent Newspapers, Inc. v. Brodie, 407 Md. 415 (Md. 2009) (describes social networking sites as open to public content)
- United States v. Gagliardi, 506 F.3d 140 (2d Cir. 2007) (document properly authenticated if reasonable juror could find authenticity)
- Commonwealth v. Williams, 926 N.E.2d 1162 (Mass. 2010) (MySpace instant messages require proper foundation linking to author)
- People v. Clevenstine, 891 N.Y.S.2d 511 (N.Y. App. Div. 2009) (authentication of MySpace site through victims' testimony and computer evidence)
- Dickens v. State, 927 A.2d 32 (Md. App. 2007) (text messages authenticated via content and corroborating evidence)