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State v. Thompson

Citations

  • 2010 ND 10
  • 777 N.W.2d 617
  • 2010 WL 93233

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that victim's testimony as recipient of messages as to knowledge of defendant's phone number and circumstances of the day they were sent was sufficient to authenticate the messages and collecting similar out-of-state and federal cases
  • providing a comprehensive review of other jurisdictions' authenticity requirements for electronic communications
  • providing a comprehensive review of other jurisdictions' authenticity requirements for electronic communications
  • subject to proper foundation, text messages sent from defendant’s phone represent her statements under North Dakota Evidence Rule 801(d)(2)(i), which is identical to Ohio Evidence Rule 801(D)(2)(a)
  • text messages admissible since the State proved the messages were sent by defendant through evidence of defendant’s cell phone number and signature on text messages
  • defendant's husband testified that he received text messages from what he knew to be her phone number and that she signed them in a distinctive manner with which he was familiar, and the defendant admitted sending text messages from her phone to her husband’s phone that day

Source: CourtListener parenthetical corpus (CC0).

Judges: Sandstrom, Vande Walle, Crothers, Maring, Kapsner

Read full opinion on CourtListener

Cited by

51 cases in this archive cite this case; the 20 most cited are listed.

Cites

27 cases in this archive are cited by this case; the 20 most cited are listed.

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