AC44149 - State v. Billings (“On appeal, the defendant claims that (1) the court
abused its discretion by admitting into evidence social media posts and
messages that the state failed to properly authenticate, (2) the state
committed prosecutorial impropriety by failing to comply with certain discovery
requirements and by making improper statements during its closing arguments,
(3) the court abused its discretion when it declined to sanction the state for
violating a court order regarding discovery, and (4) the evidence was
insufficient to sustain his convictions for stalking and harassment because
they were predicated on speech protected by the first amendment. Because we
agree with the defendant with respect to his first amendment claim, we reverse
the judgment of conviction of harassment in the second degree and stalking in
the second degree. The judgment is affirmed in all other respects.”)
AC43024 -
State v. Sumler (“Having considered the new rule governing the admissibility of opinion testimony identifying an individual in surveillance videos or photographs set forth in
Bruny and Gore, we conclude that the trial court did not abuse its discretion by admitting testimony from the defendant’s former probation officer with respect to the identity of the defendant in a still photograph and video surveillance footage. Accordingly, we affirm the judgment of the trial court.”)