Smith v. State
136 So. 3d 424
| Miss. | 2014Background
- Scott Smith was convicted of capital murder for Ally Waldrop’s death and sentenced to life without parole.
- Two Facebook messages (from Smith to Waldrop) and one from Waldrop to Smith were admitted as Facebook evidence.
- The trial court admitted the Facebook messages despite hearsay and authentication objections; Court of Appeals affirmed.
- Certiorari limited review to whether the two messages from Smith were sufficiently authenticated; issue centered on authentication under M.R.E. 901.
- Mississippi courts require prima facie authentication; social media authentication presents special challenges and requires more than a name and photo.
- The State’s evidence tying the Facebook profile and messages to Smith was weak; the defendant admitted sole custody during the relevant timeframe, and medical evidence supported homicide by an adult.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Facebook messages were properly authenticated | State—messages originated from Smith’s Facebook; Waldrop’s testimony linked them. | Smith—no sufficient tying of the profile or messages to him; improper authentication. | Not properly authenticated; admission was error, but harmless. |
| Whether Waldrop’s testimony alone sufficed to authenticate the messages | Waldrop testified in support of authentication. | Testimony insufficient to establish account ownership and authorship. | Insufficient to authenticate; prima facie case lacking. |
| Whether the erroneous admission of the messages was harmless beyond a reasonable doubt | Error could have affected the verdict. | Harmless error only if not prejudicial. | Harmless beyond a reasonable doubt given overwhelming guilt evidence. |
Key Cases Cited
- Young v. State, 99 So.3d 159 (Miss.2012) (harmless-error standard and abuse of discretion in evidentiary rulings)
- Chapman v. California, 386 U.S. 18 (U.S.1967) (harmless-error/ prejudice standard for nonconstitutional errors)
- Tienda v. State, 358 S.W.3d 633 (Tex.Crim.App.2012) (special authentication considerations for social media)
- Eleck, 130 Conn.App. 632, 23 A.3d 818 (Conn.App.2011) (authentication of Facebook messages; hacking concerns noted)
- Campbell v. State, 382 S.W.3d 545 (Tex.App.2012) (social media authentication challenges; need more than name/photo)
- United States v. Jackson, 208 F.3d 633 (7th Cir.2000) (authenticating web postings; determine authorship beyond postings)