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Griffin v. State, No 74 (Md. Apr. 28, 2011)

Griffin v. State, No 74 (Md. Apr. 28, 2011)

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Maryland's highest court rejects "circumstantial authentication" for social network profile evidence.
Maryland's highest court rejects "circumstantial authentication" for social network profile evidence.

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Published by: Venkat Balasubramani on May 02, 2011
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07/07/2013

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IN THE COURT OF APPEALS OFMARYLANDNo. 74September Term, 2010ANTOINE LEVAR GRIFFINv.STATE OF MARYLANDBell, C.J.HarrellBattagliaGreeneMurphyAdkinsBarbera,JJ.Opinion by Battaglia, J.Harrell and Murphy, JJ., dissent.Filed: April 28, 2011
 
1
The term “website” refers to “a collection of documents and related files thatare owned or organized by a particular individual or organization.” Jonathan Wilson,
What’s In a Web Site?
, Ga. B.J., Apr. 1999, at 14, 14.
2
“MySpace is a ‘social networking’ website where members can create‘profiles’ and interact with other members. Anyone with Internet access can go onto theMySpace website and view content which is open to the general public such as a music area,video section, and members’ profiles which are not set as ‘private.’ However, to create aprofile, upload and display photographs, communicate with persons on the site, write ‘blogs,’and/or utilize other services or applications on the MySpace website, one must be a‘member.’ Anyone can become a member of MySpace at no charge so long as they meet aminimum age requirement and register.”
United States v. Drew
, 259 F.R.D. 449, 453 (D.C.D. Cal. 2009).
3
To establish a “profile,” a user needs only a valid email account. PatriciaSanchez Abril,
 A (My)Space of One’s Own: On Privacy and Online Social Networks
, 6 Nw.J. Tech. & Intell. Prop. 73, 74 (2007). Generally, a user creates a profile by “filling out aseries of virtual forms eliciting a broad range of personal data,” culminating in a multimediacollage that serves as “one’s digital ‘face’ in cyberspace.” Nathan Petrashek, Comment,
TheFourth Amendment and the Brave New World of Online Social Networking
, 93 Marq. L. Rev.1495, 1499 (Summer 2010).In this case, we are tasked with determining the appropriate way to authenticate, forevidential purposes, electronically stored information printed from a social networkingwebsite,
1
in particular, MySpace.
2
 Antoine Levar Griffin, Petitioner, seeks reversal of his convictions in the Circuit Courtfor Cecil County, contending that the trial judge abused his discretion in admitting, withoutproper authentication, what the State alleged were several pages printed from Griffin’sgirlfriend’s MySpace profile.
3
The Court of Special Appeals determined that the trial judgedid not abuse his discretion,
Griffin v. State
, 192 Md. App. 518, 995 A.2d 791 (2010), and
 
4
In his Petition for Writ of Certiorari, Griffin presented three questionspertaining to the MySpace evidence, namely:1. What evidence is required to authenticate a printout from asocial networking website?2. Did the court err in admitting what the State claimed was aprintout from petitioner’s girlfriend’s MySpace profilecontaining highly prejudicial content without properlyauthenticating the material as having been posted by petitioner’sgirlfriend?3. Did the Court of Special Appeals err in finding that theprejudice to petitioner from the admission of the MySpace pagedid not outweigh its probative value?
5
Because of our disposition of the first issue, we need not and will not addressthe second question presented.
2
we granted Griffin’s Petition for Writ of Certiorari, 415 Md. 607, 4 A.3d 512 (2010), toconsider the two questions, which we have rephrased:1. Did the trial court err in admitting a page printed from aMySpace profile alleged to be that of Petitioner’s girlfriend?
[4]
2. Did the trial court err in allowing the prosecutor to definereasonable doubt incorrectly over defense objection, includingsaying “it means this, do you have a good reason to believe thatsomebody other than Mr. Griffin was the person that shotDarvell Guest . . . I’m not asking you whether you can speculateand create some construct of hypothetical possibilities thatwould have somebody else be the shooter. . . . I’m asking youthe question, do you have right now any reason, any rationalreason to believe that somebody other than he was the shooteror gunman?
[5]
The State presented a conditional cross-petition, which we also granted, in which onequestion was posed:

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