Editor’s note: This is the second in a two-part series.
In last week’s column, I discussed another “boring” e-discovery opinion. In Commonwealth v. Mangel, 2018 Pa. Super. 57 (Pennsylvania Superior Court March 15, 2018), the Pennsylvania Superior Court affirmed the trial court’s order barring admission of evidence purportedly coming from the Facebook account of defendant Tyler Kristian Mangel, which evidence was offered to demonstrate that the defendants were the perpetrators of an assault of victim Nathan Cornell, at a graduation party. The court’s explanation as to why the evidence was inadmissible—because the commonwealth had failed to establish its authenticity—involves some technical discussion, but the great majority of the court’s opinion is not particularly technical, another indication that the courts and the bar are catching up to the changes brought on by the digital revolution.
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