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United States v. Garcia

United States v. Garcia

Case Date: 07/09/2019
Citation: 2019 WL 2950209 (11th Cir. 2019)
Court Type: Federal Circuit Court
Court: 11th Circuit Court of Appeals (11th Cir.)
Judge: Federal Magistrate Judge: Beverley B. Martin
Rule(s): Federal Rules of Criminal Procedure Rule 16

Defendant challenges the admissibility of social media posts, direct messages, and text messages at his trial claiming that the ESI evidence was not authenticated and hearsay and violated the Confrontation Clause of the Sixth Amendment as testimonial statements.


The court affirmed the admissibility of the evidence. The defendant stipulated to the admissibility during the trial and cannot now challenge it during appeal. The messages and posts were authenticated by a records custodian. Even if Garcia had challenged the posts and messages, the posts and messages would have been admitted as a party admission under Rule 403. Messages that Garcia received could serve the non-hearsay purpose of providing context for the conversation. Lastly, the posts and messages were not testimonial statements since they were not made with expectation that the post or message would be used in a prosecution.

Relevant Documents:


E-Discovery Issues: Admissibility
E-discovery Tags: Communication/Cooperation
E-discovery subjects: Social Media, Text message

Published: August 13th, 2019

Category: Uncategorized

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