Texas High Court Tosses Order for Computer Forensic Exam

A trial court abused its discretion when it ordered a Texas man to turn over his computer and all of his other electronic media from the past 17 years for a forensic examination, the Texas Supreme Court said Feb. 23.

Marion Shipman’s belated discovery of backup files on his computer doesn’t show that he is incapable of searching his computer and external media for responsive information, the high court said in a unanimous unsigned decision.

“There is no evidence—just suspicion—that more unrecovered data exists on Shipman’s computer outside the ‘backup’ folder,” it said.

Even if some relief were warranted, the ...