Tienda, Ronnie Jr., 358 S.W.3d 633

Appellant Tienda was convicted of murder with one enhancement; punishment set at 35 years' imprisonment.
Evidence from three MySpace profiles allegedly created by Tienda was admitted over defense objections.
Trial included guilt/innocence and punishment phases where MySpace content, photos, and messages were admitted and referenced by the State.
Defense argued insufficient authentication and credibility of the MySpace evidence; the State sought to prove authorship as to Tienda.
Court of Appeals affirmed admission of the MySpace evidence under Rule 901(b)(4) as a prima facie authentication, relying on circumstantial linkage.
Texas) Supreme Court granted discretionary review to address whether admission of the MySpace profiles was an abuse of discretion and now affirms the lower court’s decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether MySpace content was properly authenticated for admission	Tienda argued insufficient authentication; contents cannot authenticate the website	State contended distinctive content link to Tienda justified prima facie authentication	Yes; sufficient circumstantial evidence supported authentication and admission

Lorraine v. Markel American Insurance Co., 241 F.R.D. 534 (D. Md. 2007) (authentication framework for electronic evidence is case-specific and depends on circumstances)
Griffin v. State, 419 Md. 343, 19 A.3d 415 (Md. 2011) (reversed Maryland intermediate ruling; elevated risk of fake profiles and need for stronger authentication)
Druery v. State, 225 S.W.3d 491 (Tex. Crim. App. 2007) (authentication of electronic evidence under Texas rules; gatekeeping by Rule 104/901)
Shea v. State, 167 S.W.3d 98 (Tex. App.--Waco 2005) (text messages/electronic evidence authentication discussion)
Massimo v. State, 144 S.W.3d 210 (Tex. App.--Fort Worth 2004) (authentication of emails; electronic communications admissibility)