Knotty Issues of eDiscovery
A Defendant convicted of murder and attempted murder challenged the admission of three text messages at his trial. The Supreme Court of Arkansas found no error in admitting the text messages. The Stored Communication Act The Defendant challenged the admission of the text message content based on the Stored Communication[…]
Read moreThe Plaintiff in a sexual harassment case was able to demonstrate a prima facie case to overturn a summary judgment on the narrow issue whether she was retaliated against for filing her lawsuit. Magiera v. City of Dallas, 2010 U.S. App. LEXIS 16802 (5th Cir. Tex. Aug. 11, 2010). The[…]
Read moreA man was prohibited from owning fire arms and appealed the decision. The road leading up to the gun ban started on November 2, 2008…after fighting and texting with his girlfriend. People v. Akers, 2010 Cal. App. Unpub. LEXIS 102 (Cal. App. 4th Dist. Jan. 7, 2010). The Petitioner, while drinking and[…]
Read moreIn Hartung v J.D. Byrider of Chandler, et al., 2009 U.S. Dist. Lexis 54415 (2009), the Plaintiff got behind on car payments. As one would expect, a collection agency became involved. As one would not expect, the representative from the Collection agency called T-Mobile, claimed he was Plaintiff’s father and[…]
Read moreA police officer stopped a car driving with a flat tire, cracked windshield and its bright lights on. People v. Gorostiza, 2009 Cal. App. Unpub. Lexis 9494 at *1. The passengers might have been hoping, “There is nothing to see here.” After stopping the car with the Defendant and two passengers,[…]
Read moreDiscussion of In re C. C., 2009 Cal. App. LEXIS 1715 (Cal. App. 3d Dist. Oct. 27, 2009) at the Paraben Forensic Innovation Conference. The case involved a bad high school break-up, where the teenage boy sent vulgar text messages venting anger to ex-girlfriend. The Juvenile Court took words from[…]
Read moreSometimes there are fact patterns that surprise you how far we have come with technology and the foolishness of people. In People v. McInnis, the Defendant was convicted of attempted witness bribery. The Defendant attempted to keep witnesses from testifying against the Defendant’s nephew, in the nephew’s trial for robbery and kidnapping. […]
Read moreA child was injured at an Old Navy store (a subsidiary of the Gap) on a clothing rack, and naturally, a lawsuit followed in Federal Court based on Diversity Jurisdiction. Wei Ngai v. Old Navy, 2009 U.S. Dist. LEXIS 67117 (D.N.J. July 31, 2009). The Plaintiffs deposed the Gap’s General[…]
Read moreA criminal defendant appealing his conviction on ineffective counsel and insufficient evidence to support his convictions challenged text message evidence. State v. Loye, 2009 Minn. App. Unpub. LEXIS 660, 1 (Minn. Ct. App. 2009). The Defendant’s key argument at trial was challenging his victim’s credibility as the only witness to[…]
Read moreParenting has never been easy. Since cell phones starting having cameras, parents have had to talk to their teenage children about the dangers of “sexting.” For those who have never heard of this practice, it is taking photos of a sexual nature and sending them via text message. There is[…]
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