« Ind. Decisions - Court of Appeals issues 1 today (and 1 NFP) | Main | Ind. Courts - More on: Supreme Court to hear oral argument in the school voucher case Wednesday morning [Updated twice] »

Monday, November 19, 2012

Ind. Courts - Court of Appeals temporarily stays trial court order compelling newspaper discovery: Court orders hearing at 11 a.m. Tuesday in Supreme Court courtroom

From a news release just received:
INDIANAPOLIS – The Court of Appeals of Indiana has temporarily stayed a trial court’s order compelling the Indianapolis Star to identify an anonymous online commenter pending a hearing at 11 a.m. Tuesday, Nov. 20, in the Indiana Supreme Court courtroom.

The case is Jeffrey M. Miller et al v. Junior Achievement et al, 49A02-1211-PL-898. The hearing will be webcast live and available for archived viewing at www.courts.in.gov.

The court issued the temporary stay late Friday after considering a motion to stay filed by the Indianapolis Star and a motion for emergency telephonic hearing on the motion to stay that was filed by appellees Jeffrey and Cynthia Miller.

According to the order issuing the temporary stay and setting hearing, “In addition to any other issues, the court will expect the parties to address whether the court has jurisdiction to consider the trial court’s discovery order.”

The case was previously before the Court in In re Indiana Newspapers, Inc., 49A02-1103-PL-234.

As background, an anonymous reader posted an online comment to a 2010 Star story about an audit at Junior Achievement of Central Indiana. The commenter, who used the name “DownWithTheColts,” said the newspaper should look to the former Junior Achievement president for the missing money, which the commenter said “can be found in their bank accounts.” Jeffrey Miller, a former president and CEO of Junior Achievement, filed a complaint against Junior Achievement and other parties alleging defamation and other torts. He also sought nonparty discovery of “DownWithTheColts.”

The Star appealed the trial court’s order, which the Court of Appeals reversed and remanded, with instructions, last February. On Oct. 19 of this year, the trial court again ordered the Star to disclose the commenter’s identity, which the Star now appeals.

ILB: For background, start with this ILB entry from Feb. 22, 2012.

Posted by Marcia Oddi on November 19, 2012 11:43 AM
Posted to Indiana Courts