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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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