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. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  2. what a wonderful world we are living, i still doubt this spell caster how he did it!!! i am Tamara Barrow am from USA I am so happy to let the whole word know how this powerful spell caster saved my marriage.Everything was going down the drain as my husband can not stop cheating on me with other women. It became used to always heating on me. I tried to make him stop, but I couldn't help the situation, the more I tried, the harder it becomes. At times we will fight and go apart for some months and we will come back again just because of our kids. One day a friend told me about this spell caster who helped her too, his name is Dr.voodoo, she said he uses white magic spells to solve spiritual problems. I decided to give it a try, I contacted him and he told me it will take just 2 to 3 days and I will see great changes in my husband. He actually cast a spell, believe me after 2 to 3 days of the spell, my husband was confessing different names of woman he has slept with. He begged for forgiveness and never to try it again. From that day till now, my mind is at rest. My husband dislike every other women on earth except me. And am so happy to have him for myself alone.The spell caster’s contact his email at: voodoospelltemple66@gmail.com visit his website on http://drvodoospelltemple.webs.com

  3. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  4. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

  5. Banana.Republic

ADVERTISEMENT