ILNews

7th Circuit: Google v. Wikipedia citations

Back to TopCommentsE-mailPrintBookmark and Share

Judges and appellate attorneys should feel free to include Google satellite photos in cases to the 7th Circuit Court of Appeals in Chicago.

But information from online dictionary Wikipedia could be crossing the line.

One of the 7th Circuit's most vocal jurists – Judge Richard A. Posner – has talked about both in recent newspaper stories and case opinions.

"Wikipedia is a terrific resource," Judge Posner said in a recent New York Times article. "Partly because it so convenient, it often has been updated recently and is very accurate." But, he added: "It wouldn't be right to use it in a critical issue. If the safety of a product is at issue, you wouldn't look it up in Wikipedia."

That story on Monday highlighted dangers about courts citing Wikipedia in decisions – something the Supreme Court of the United States has reportedly never done but more than 100 judicial rulings have relied on.

However, that hasn't stopped Judge Posner and colleagues from using information from Google – specifically a satellite photo of an area where a crime happened in Indianapolis. Judge Posner pointed to it as a resource that could have helped clarify facts in a recent case.

On Tuesday, Judge Posner wrote a majority opinion in U.S. v. Boyd that came from a 2005 ruling by U.S. District Judge Sarah Evans Barker in Indianapolis. The case involved defendant Artemas Boyd, who fired a weapon into the air after leaving the Guvernment Bar and Lounge on East Market Street in downtown Indianapolis. Leaving about closing time, he and his girlfriend walked into an area behind the bar, where Boyd fired six shots into the air.

No one was injured, but he was charged with being a felon in possession of a weapon. In sentencing Boyd to 46 months in prison, the judge also determined he was committing another felony by recklessly performing an act "that creates a substantial risk of bodily injury to another person."

Boyd argued that given the hour and fact that no one else was in the direct line of fire, his shooting did not create a "substantial" risk of causing bodily injury.

In the ruling, the 7th Circuit panel wrote, "We are distressed at the sloppiness with which the case has been handled by both sides. Neither party attempted to quantify the risk created by the defendant's conduct; and vague words such as 'substantial' are not a satisfactory substitute for data ... ."

The judges included a Google earth photograph to show the potential "substantive" danger of Boyd's conduct with the weapon. He noted that Judge Barker did not offer any findings concerning the number of people nearby, nor did attorneys offer evidence about apartments or office buildings in the vicinity.

Judge Posner wrote, "Less forgivably – for the enormous variety of the circumstances in which random shooting occurs may defeat the efforts to estimate the probability that a given incident would result in injury – no satellite photo (available free of charge from Google) was placed in evidence to indicate the physical surroundings."

However, Judge Posner and the panel affirmed the lower court's decision: "Despite these gaps, we are reasonably confident that the Indiana courts would hold that firing multiple shots from a high-powered gun in downtown Indianapolis for no better reason than an excess of animal spirits creates a substantial risk of bodily injury within the meaning of the (state) statute."

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

ADVERTISEMENT