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ATTORNEY FOR APPELLANT J. Brad Voelz Warsaw, Indiana

ATTORNEYS FOR APPELLEE Gregory F. Zoeller Attorney General of Indiana J.T. Whitehead Deputy Attorney General Indianapolis, Indiana

In the

FILED
Oct 15 2009, 9:23 am
of the supreme court, court of appeals and tax court

Indiana Supreme Court
No. 43S00-0810-CR-575 IAN J. CLARK,

CLERK

Appellant (Defendant below), v. STATE OF INDIANA, Appellee (Plaintiff below). Appeal from the Kosciusko Circuit Court, No. 43C01-0705-FA-127 The Honorable Rex L. Reed, Judge On Direct Appeal

October 15, 2009 Shepard, Chief Justice. A jury found appellant Ian J. Clark guilty of murdering a two-year-old left in his care, and it recommended life in prison without parole, which the trial court imposed. Many of the grounds he urges as reasons for reversal were not preserved at trial. One of his trial objections does pose a novel question: should the trial court have permitted the State to offer into evidence Clark's entry from the social networking website MySpace? We hold that this electronic evidence was admissible, and we affirm Clark's conviction and sentence.

Facts and Procedural History

In May 2007 Ian J. Clark was living in Pierceton with his fianc

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Indiana Law