Parker v. State
2014 Del. LEXIS 49
Del.2014Background
- Parker appeals a Superior Court conviction for Assault Second Degree.
- State admitted Facebook posts allegedly authored by Parker to prove its case and challenge self-defense.
- Trial court admitted the posts under Rule 901, adopting the Texas approach to authentication.
- Parker argued for Maryland’s stricter Griffin approach requiring creator verification or direct site records.
- Brown testified to viewing and sharing Parker’s posts, providing circumstantial authentication.
- Court held the Texas approach aligns with Rule 104/901 and affirmed admission of the posts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What standard governs social media authentication? | Parker supports Maryland approach requiring creator authentication. | State advocates Texas approach, allowing jury to decide authenticity. | Delaware permits Texas approach; jury decides authenticity. |
| Is admission of Parker's Facebook post proper under Rule 901? | Authentication not sufficiently proven; risk of falsification. | Surrounding testimony and circumstantial evidence satisfy 901. | Yes; sufficient under 104/901 for jury to find authenticity. |
| Should the trial judge gatekeep social media evidence versus jury determination? | Judge should ensure not fraudulent; stricter scrutiny. | Jury should determine authenticity; gatekeeping is limited. | Gatekeeping is limited; jury ultimately decides authenticity. |
Key Cases Cited
- Griffin v. State, 419 Md. 343 (Md. 2011) ( Maryland requires creator linkage or site data for authentication)
- Tienda v. State, 358 S.W.3d 633 (Tex.Crim.App. 2012) (jury may reasonably find social media authentic)