Emoji Evidence Errors Don't Undo a Murder Conviction–People vs. Harmon
3 days ago
- #emoji
- #legal
- #evidence
- Delarosa was convicted of murder and appealed, arguing a Facebook message with emojis should have been excluded.
- The Facebook message included emojis described as 'a smiley face emoji and a devil horn emoji,' but the actual emojis were a face-with-tears-of-joy and a smiling-face-with-horns.
- The investigator's testimony introduced ambiguity about the emojis, potentially misleading the jury.
- Delarosa's motion in limine included a printout where emojis were displayed as rectangles, not informing the court they represented emojis.
- The appeals court ruled the trial court didn't abuse its discretion in denying the motion due to the garbled evidence.
- The broader practice point is that lawyers must ensure emojis introduced as evidence display correctly, which can be technically challenging.
- The case citation is People v. Harmon, 2025 Cal. App. Unpub. LEXIS 7318 (Cal. App. Ct. Nov. 18, 2025).