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Name: People v. Beckley
Case #: B212529
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 06/09/2010

Because a depiction downloaded from a home page on the internet website MySpace is a "writing" its introduction as evidence is dependent on its authentication. Appellant and his codefendant were charged with murder and attempted murder and a gang-related enhancement. Beckley testified that he had left the gang and had an alibi. Witness Fulmore testified that appellant babysat her daughter on the date of the killing and that she did not associate with gang members and that she had told Beckley he must stop running with the gang. But, the prosecution introduced a photograph purportedly showing Fulmore flashing…

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Name: People v. Coon
Case #: D052722
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/23/2009
Subsequent History: rev. granted 8/12/09 (S173359)

Faxed copies of certified court records were admissible under secondary evidence rule. Coon appealed his conviction for multiple substance abuse and weapons offenses, contending that the trial court prejudicially erred in admitting faxed copies of certified court records to establish that he was on bail when he committed the offenses. The faxed documents were certified copies of the records, but what was admitted was a fax copy of the certified copies, not the original. The appellate court found no error and affirmed. There was no genuine dispute concerning authenticity of the documents. Both the transmit terminal identification header and the…

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