Scouring the Web for evidence

June 6, 2008
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It’s no secret that what you post online can be viewed by anyone – including a judge. A not-for-publication case handed down by the Court of Appeals Thursday involves a custody dispute, with the father offering evidence he found on the Internet to gain custody of his daughter.  



The mother, Amanda Thompson, never married Samuel Strange, so under Indiana Code Section 16-37-2-2.1(g) she had sole legal and physical custody of their daughter.  



Strange, after filing a petition for child custody determination, found Amanda’s MySpace page. On it, Thompson had posted a photograph of their daughter and information about her, along with profanity, that she was going to kill herself, and that she liked being “doped up.” Strange introduced this evidence along with proof he provided his daughter’s schooling, nurturing, caring, and support, and the trial court granted him custody of their daughter.  



It doesn’t say whether Strange came up with the idea to look for her MySpace page or if his attorney encouraged him to search for information about her on the Internet, but perhaps this is something more parties and attorneys are doing in preparation for their cases. Indiana Lawyer recently had an article about attorneys using free and low-cost Web services to find out information about clients, opposing parties, and witnesses.



We hear warnings all the time about not posting information online that you wouldn’t want others to see because once it’s up there, it’s out there forever. Is the general public still slow to catch on to this idea, or do they think that personal Web pages are off-limits in court cases?  
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  • Word of caution: when posting anything on line, whether it is on a social media site, or even a blog like this, remember that your comments are permanent, and without later edit. You can\'t say something you might regret later, and then real it in. All this communication is the wave of the future, and lawyers should do what they can to familiarize themselves with the various forms. But they should do so with caution. It can be a great marketing tool if done correctly.

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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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