Computer Generated Evidence - CGE
Commonwealth v. Fatalo, 191 N.E.2d 479, 346 Mass. 266 (1963)
“Judicial acceptance of a scientific theory or instrument can occur only when it follows a general acceptance by the community of scientists involved.”
Commonwealth v. Dyer, 77 Mass.App.Ct. 850 (2010)
“Medical records generated for evaluation and treatment purposes do not constitute testimonial evidence triggering a constitutional right of confrontation.”
Commonwealth v. Thissell, 928 N.E.2d 932, 457 Mass. 191 (2010)
“Copies of GPS records offered in future revocation proceedings be properly attested and certified by an appropriate custodial officer. See Mass. R. Civ. P. 44(a), 363 Mass. 807 (1974) (" official record kept within the Commonwealth, or an entry ...
Commonwealth v. Williams, 926 N.E.2d 1162, 456 Mass. 857 (2010)
“At trial, Noyes testified to the content of messages she received at her account at MySpace, a social networking Web site, from a person she testified was the defendant's brother.”
Cronis, Liston, Nangle & White, LLP v. 90 Exchange LLC, 2009 Mass.App.Div. 78 (2009)
“Exchange submitted an affidavit of its principal with computer-generated images of what several spaces would look like if built as designed by Cronis. One showed an HVAC unit or air handler hanging in the middle of a wood paneled room, and two ...
Commonwealth v. Silva-Santiago, 453 Mass. 782 (2009)
“The patrons inside the bar were videotaped when they were permitted to leave. From that videotape, a photograph (that was admitted in evidence) was generated.”
Renzi v. Paredes, 452 Mass. 38 (2008)
Digital images of Paredes's mammography films that had been scanned into a computer, shown at trial as a "PowerPoint" presentation, and included in hard copy reproduction in the juror notebooks were admitted into evidence. Prior to Adler's use of the ...
2 McCormick, Evidence § 214 (6th ed.2006).
The use of demonstrative aids, including digital photographs and computer-generated images, is now commonplace in our courts. Enhanced images within category of demonstrative aids so long as they accurately illustrate what witness has to say
Commonwealth v. Weichell, 390 Mass. 62, 77 (1983)
The person testifying as to the substantial similarity of the photograph and the original need not be the photographer but may be a person familiar with the details pictured.
Commonwealth v. Harvey, 397 Mass. 351, 359 (1986)
When, as here, the demonstrative photograph is generated as a digital image or video image, the judge must determine whether the image fairly and accurately presents what it purports to be, whether it is relevant, and whether its probative value ...
Commonwealth v. Kenney, 449 Mass. 840 (2007)
“We have previously examined the phrase "depiction by computer," as set forth in G.L. c. 272, § 29C, to determine whether evidence of child pornography stored in the form of data contained in an unopened file on a hard drive sufficed to convict a ...
Commonwealth v. Grieco, 806 N.E.2d 128, 60 Mass.App.Ct. 1125 (2004)
Computer correspondence between the defendant and the victim were allowed into evidence on the basis of the state of mind exception to the hearsay rule and for “completeness sake.”
Cruz v. Commonwealth, 461 Mass. 664 (2012)
Although the Commonwealth made the copies of the computer generated content available to the defense counsel, they did not furnish him with copies. “The judge, however, did not think the violation was intentional, finding instead that it was ...
Commonwealth v. Kater, 432 Mass. 404 (2000)
Use of the visual presenter – a document camera (including during closing argument) to displaythe photograph was no different from using an enlarged easel and both sides had used the visual presenter.