The Defendant charged with assault tweeted, “shoe to
ya face” to the victim.
The State in the prosecution of the defendant
proffered a tweet by the defendant which was admitted by the trial court. The defendant objected on appeal and argued
that the tweet was not properly authenticated, and could have been easily
forged. The defendant was convicted and
appealed.
The appellate division in State v. Hannah (December
20, 2016), held that the tweet was admissible and that in this case there was
sufficient circumstantial evidence that the tweet in fact had come from the
defendant. In all such cases the court held
that the traditional rules set forth in N.J.R.E. 901, and that each case
in which this type of evidence is being moved into evidence court must examine
the rule, and admit such evidence if admitting such evidence would not be an
abuse of discretion.
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