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Justices take Star appeal regarding naming of online commenter

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The Indiana Supreme Court will decide whether the Indianapolis Star must reveal the identity of an online commenter in a long-running defamation case filed by a former executive of a nonprofit organization.

The justices granted transfer in Indiana Newspapers, Inc., d/b/a The Indianapolis Star v. Jeffrey M. Miller, et al., 49S02-1305-PL-311. A divided Court of Appeals in a January rehearing affirmed its 2012 order in favor of Jeffrey Miller, requiring the Star to reveal the identity of online comment posters.

Marion Superior Judge S.K. Reid ordered that the Star disclose to Miller, former CEO of Junior Achievement of Indiana, the identity of a commenter on its website whose screen name was DownWithTheColts, and the Star appealed.

Miller sued multiple parties for defamation and sought to add people, including DownWithTheColts, who made anonymous comments on news organization websites that ran stories about Miller, and J.A. Miller’s attorney claimed the Star was in contempt of an order from the Court of Appeals as it continued to shield the commenter’s identity.

Justices also granted transfer in Christopher Smith v. State of Indiana,18S02-1304-CR-297, a case involving a former Muncie Central High School principal. A divided Court of Appeals in January ruled  that Smith’s Class B misdemeanor conviction for failure to immediately report child abuse or neglect should be tossed out.

Justices denied transfer in the 19 other cases reviewed during the week ending May 3. The court’s transfer depositions may be viewed here.

 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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