A CSC victim's myspace page became relevant when a defendant appealed his conviction. After the Defendant was found guilty of CSC, he appealed, using as new evidence that the victim posted on her myspace page that she "didn't remember anything" from the evening of the alleged assault. The Michigan Court of Appeals held that the testimony could be used to impeach, but not to get a new trial, because that evidence alone could not “serve as the basis for awarding a new trial under existing case law because it could only be used for impeachment purposes.”
Thursday, October 10, 2013
Social Networking and Myspace: Is Myspace still relevant?
Is myspace still relevant? Maybe, but not really, says the Michigan Court of Appeals.
A CSC victim's myspace page became relevant when a defendant appealed his conviction. After the Defendant was found guilty of CSC, he appealed, using as new evidence that the victim posted on her myspace page that she "didn't remember anything" from the evening of the alleged assault. The Michigan Court of Appeals held that the testimony could be used to impeach, but not to get a new trial, because that evidence alone could not “serve as the basis for awarding a new trial under existing case law because it could only be used for impeachment purposes.”
See article here from Michigan Appeals, a law-related blog.
A CSC victim's myspace page became relevant when a defendant appealed his conviction. After the Defendant was found guilty of CSC, he appealed, using as new evidence that the victim posted on her myspace page that she "didn't remember anything" from the evening of the alleged assault. The Michigan Court of Appeals held that the testimony could be used to impeach, but not to get a new trial, because that evidence alone could not “serve as the basis for awarding a new trial under existing case law because it could only be used for impeachment purposes.”
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