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Supreme Court denies Star appeal in online commenter case

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The Indiana Supreme Court on Thursday denied transfer in The Indianapolis Star’s appeal of an order that it identify a person who posted an anonymous online comment that has been included in a defamation suit.

The order had been temporarily stayed in Jeffrey M. Miller, et al. v. Junior Achievement, et al., 49A02-1211-PL-898. A divided Court of Appeals panel last week dismissed the appeal for lack of jurisdiction.

The Supreme Court on Thursday declined to intervene. In its two-page order, Chief Justice Brent Dickson wrote for the court, “Jurisdiction, to the extent it exists in this matter, remains with the Court of Appeals.”

Star attorney and Barnes & Thornburg partner Jan Carroll said in an email the court’s order means “we have to await the Court of Appeals ruling on the petition for rehearing.”

Meantime, Miller’s attorney, Betz & Blevins partner Kevin Betz, said stays that had been issued and extended to prevent enforcement of a trial court subpoena requiring the Star to identify the commenter have expired.

“At this point, The Indianapolis Star, we believe, is in contempt of the subpoena,” Betz said Friday.  

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

Miller, former CEO of Junior Achievement of Indiana, 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.


 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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