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Question 34

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In State v. Palermo, the defendant contended that the state improperly authenticated a document that had been written on an iPad and uploaded to a Facebook page, where the contents were relevant to a prosecution for aggravated sexual assault, among other crimes. When the defendant contended that the trial court improperly concluded that the Facebook message was authenticated as having been made by the defendant and was admissible, what were the arguments of the defendant that the Facebook message had not been properly authenticated as having been made by him? What did the trial court consider when determining that the Facebook posting had been properly authenticated as a document and was, therefore, admissible in court against the defendant?

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The defendant in State v. Palermo argued...

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