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. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon