Summary
The Delaware Supreme Court affirmed Tiffany Parker’s conviction for second-degree assault. The court held that social media evidence is authenticated under Delaware Rule of Evidence 901 when the proponent presents evidence sufficient for a reasonable juror to find that the evidence is what the proponent claims, rejecting the more stringent Maryland approach. The court concluded that circumstantial evidence and testimony concerning the Facebook post sufficiently authenticated the evidence and that the trial court did not abuse its discretion in admitting it.
Topics
Practice areas
Questions Presented
- What standard governs authentication of social media evidence under Delaware Rules of Evidence 104 and 901?
- Whether the Superior Court abused its discretion by admitting the Facebook posts attributed to Parker.
Holdings
- Social media evidence is subject to the same authentication requirements as other evidence under Delaware Rule of Evidence 901. A trial judge may admit a relevant social media post when the proponent presents evidence sufficient to support a finding by a reasonable juror that the post is what the proponent claims it to be; the jury ultimately resolves the factual question of authenticity.
- The Superior Court did not abuse its discretion by admitting the Facebook posts because the posts' content, timing, and Brown's testimony provided sufficient circumstantial and testimonial evidence for a reasonable juror to find that the posts were authentic.
Key quotations
“A trial judge may admit the social media post when there is evidence “sufficient to support a finding” by a reasonable juror that the proffered evidence is what its proponent claims it to be.” (85 A.3d at 687-88)
“Collectively, this evidence was sufficient for the trial court to find that a reasonable juror could determine that the proffered evidence was authentic.” (85 A.3d at 688)
Factual background
On December 2, 2011, Tiffany Parker and Sheniya Brown engaged in a physical altercation in Wilmington after a disagreement involving Facebook messages. The State introduced posts from Parker's Facebook account that referred to the altercation and were posted on the same day. Brown testified that she viewed the post through a mutual friend and shared it on her own Facebook page, and the exhibit displayed Parker's photograph, the name "Tiffanni Parker," and a time stamp.
Procedural history
Parker was indicted for Assault Second Degree and Terroristic Threatening. The Superior Court admitted the Facebook posts under Delaware Rules of Evidence 104 and 901; the jury acquitted Parker of Terroristic Threatening but convicted her of Assault Second Degree. The Supreme Court of Delaware affirmed.