Court of Appeals for the Armed Forces· 5/3/2013
United States v. Lubich
Citations
- 72 M.J. 170
- 2013 CAAF LEXIS 479
- 2013 WL 1866875
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a prima facie showing of authenticity had been made by evidence that incriminating internet searches were made using defendant’s account
- noting that any flaws go to the weight of the evidence, not its admissi- bility
- noting that, once Rule 901’s standard had been met, the defendant had the opportunity to cross-examine the government expert on “the possibility that someone else was sitting at a computer that [the defendant] previously logged onto and entered the information without her knowledge”
- explaining that authenticity and hearsay are distinct evidentiary issues
- computer data contained numerous references to appellant’s personal computer information satisfies MIL. R. EVID. 901(b)(4
- cit- ing United States v. Freeman, 65 M.J. 451, 453 (C.A.A.F. 2008)
Source: CourtListener parenthetical corpus (CC0).
Judges: Erdmann, Baker, Stucky, Ryan, Effron
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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