ILNews

Indiana Jury Verdict Reporter summary being questioned

Michael W. Hoskins
January 1, 2007
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A case summary printed in The Indiana Jury Verdict Reporter earlier this year is at issue in a Lake County courtroom, where a judge is considering whether the publisher should be held in contempt for writing about a school negligence case three months after the verdict.

The April edition of the monthly publication - published in Indiana since February 2000 - included an outline of a case involving the family of Neal Boyd IV, who had sued Gary Community Schools for not protecting their 16-year-old son from being fatally shot at school in 2001 by a then-17-year-old. In January a jury found against the school and awarded Boyd's parents nearly $4 million. The school corporation asked Superior Judge Diane Kavadias Schneider to limit the award and appealed the jury verdict, which is pending.

Kentucky-based publisher Shannon Ragland wrote the front page article under the category of school negligence, reporting information he said was gleaned from public court files and motions included in the case - references to medical information and criminal history of the victim.

After the publication came out, the Boyds claimed the printed information was false and not allowed to be heard at trial, according to Ragland. The couple wants Ragland held in contempt, but he says all information printed came from public court documents.

"I'm not sure of any publisher who's been subject to indirect contempt matters for what they wrote about a civil jury trial after it was concluded," he said. "This was over, there was no issue of affecting the outcome of this case.

"More importantly, the issue here may be if (as a reporter) how limited you are to what you can report on?" he said. "They say I shouldn't have printed something excluded at trial but that was from a motion in limine. That doesn't apply to a newspaper - only to the case."

An indirect contempt hearing in Hammond Thursday gave jurisdiction of the issue to Superior Judge Gerald Svetanoff as a special judge, as required by statute. He is considering the contempt charge.
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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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