Internet Pages

To establish the foundation for the admission of a You Tube / My Space photograph of another person holding an assault rifle, the party must establish the photo's origins or source. Redinburg v. State, 315 Ga. App. 413 (2012). 

Printouts from computers (i.e. Facebook pages) are subject to the same rules of authentication as other documents. Moore v. State, S14A0988; Burgess v. State, 292 Ga. 821 (2013); Smoot v. State, 316 Ga. App. 102 (2012). The printout must first be authenticated as accurately reflecting the content of the page and the image of the page on the computer at which the printout was made. A witness must state that the printout accurately reflects the content of the web page and the image of the page on the computer at which the printout was made. Then the printouts need to be further authenticated as having been posted by a particular source. Twiggs v. State, 315 Ga. App. 191 (2012); Hollie v. State, 298 Ga. App. 1 (2009). Circumstantial evidence can be used to authenticate the documents. Simon v. State, 279 Ga. App. 844 (2006). 

 

The judge's failure to order that bench conferences be recorded is not error unless there is some prejudice to the defendant. Chatman v. Mancil, 

280 Ga. 253 (2006); Sinns v. State, 248 Ga. 385 (1981). 

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