Holding & Decision
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Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Timku asked D to create a forged birth certificate that would reflect that Timku was the father of an invented infant daughter. This was done so Timku could avoid compulsory military service in the Ukraine. According to Timku, D agreed to forge the birth certificate without charge, as a 'favor.' Timku testified that D sent the completed forgery to Timku via e-mail from azmadeuz@gmail.com. Timku had often used this same email address to correspond with D. Timku used the document to obtain a deferment from military service. Timku also testified that he had previously paid D to create false diplomatic identification documents in a scheme to avoid taxes on the purchase and resale of luxury automobiles. P introduced a copy of the e-mail, with the forged birth certificate as an attachment, which reflected that it was sent to Timku's e-mail address, 'timkuvlad@yahoo.com,' from azmadeuz@gmail.com . Other witnesses corroborated certain aspects of Timku's testimony - regarding the falsity of the birth certificate, the Ukrainian military deferment for parents of young children, and the path of the e-mail in question through servers in California. P said that it intended to introduce a printout of a web page that the government claimed to be D's profile on VK.com (VK), which was 'the Russian equivalent of Facebook.' D objected, contending that the page had not been properly authenticated and was thus inadmissible under Rule 901. The court allowed it in. On that page under the heading, 'Contact Information,' the profile listed 'Azmadeuz' as 'Zhiltsov's' address on Skype. The web page also reflected that 'Zhiltsov' worked at a company called 'Martex International' and at an Internet café called 'Cyber Heaven,' which corresponded with Timku's earlier testimony that Zhyltsou and Timku had both worked for those entities. On cross-examination, P's witness did not know whether any identity verification was required in order for a user to create an account on the site. D was convicted and appealed.
Issues
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Legal Analysis
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