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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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