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Phaknikone: MySpace Evidence Not Admissible Under 404(b)

By Tim Cone

In U.S. v. Phaknikone, No. 09-10084 (May 10, 2010), the Court found that the district court violated Fed. R. Evid. 404(b) when it admitted evidence from the defendant?s MySpace account, but held that the error was harmless in light of the overwhelming evidence of guilt, and affirmed bank robbery convictions.The MySpace evidence consisted, inter alia, of a photograph posted on Phaknikone?s profile page that showed him holding a gun, and of his nickname, ?Trigga.? The Court rejected the government?s argument that the photograph was properly admitted under Rule 404(b) as proof of modus operandi. ?Although the photograph may portray a ?gangster-type personality,? the photograph does not evidence the modus operandi of a bank robber who commits his crimes with a signature trait...continue to full post

Full post as published by Defense Newsletter Blog on May 10, 2010 (boomark / email).