State v. Ayon-Urbano
The Oregon Supreme Court will consider whether criminal defendants have a compulsory process right to subpoena social media companies for records that are relevant to investigating their defense. Meta argued the federal Stored Communications Act prevented it from complying with a defense subpoena, but the defendant and amicus groups argue that interpreting the law to allow prosecutors but never a defendant to obtain social media evidence would be inconsistent with compulsory process rights.
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State Court Oral Arguments to Watch for in May
Issues on the dockets include mid-decade redistricting, defendants’ access to social media evidence, and mandatory judicial retirement.